The city council may appoint a judge of the city corporation
court, known as the recorder or city judge. The city judge shall discharge
his or her duties in accordance with the constitutions and laws of
the United States and the state, and as required by the ordinances
and resolutions of the city. He or she shall serve at the pleasure
of the city council, and for such term and for such salary or fee
as may be authorized by the city council. The city judge shall make
an annual report to the city council, beginning at the regular meeting
of said council in January, 1983, and each year thereafter in January.
The report shall be filed with the city administrator, and shall show
the number of criminal and civil cases filed in, and disposed of,
by the corporation court; the report shall show by each month the
fines paid by the defendant, and the costs assessed for each case
and collected by the clerk of the court.
(1993 Code, sec. 8.101)
The city council may appoint a city attorney to serve at the
pleasure of the city council for such term as may be authorized by
the council. It shall be the duty of the city attorney to attend the
regular and special meetings of the city council, when requested by
the mayor or city administrator; he or she shall render opinions and
advise upon matters submitted to him or her by the council; he or
she shall prepare and submit ordinances and resolutions, legal notices,
contracts, and other instruments and papers, as may be directed by
the city council; he or she shall represent the city and prosecute
all criminal cases in the corporation court, and shall represent and/or
defend the city in other courts in civil or criminal actions to which
the city may be a party, as ordered by the city council. The city
council shall fix the fee of the city attorney for services rendered
and as allowed by resolution or order of the council.
(1993 Code, sec. 8.102)
From on and after the passage and approval of this article,
the city administrator shall be ex-officio clerk of the corporation
court of said city and shall hold his or her office during his or
her term as city administrator. He or she shall keep minutes of the
proceedings of the said court, issue all process, and generally perform
all the duties of the clerk of a court as prescribed by law for a
county clerk in so far as the same may be applicable.
(1993 Code, sec. 8.104)
In all criminal cases tried before the city corporation court,
the defendant shall have a right of trial by jury. It will be the
duty of the city marshal or his or her deputy to summon at least a
jury panel of twelve (12) qualified male or female residents and citizens
of the city, six (6) of whom shall serve as jurors when required by
law. Jurors, who serve in the trial of criminal cases in said court,
shall receive the sum of seven dollars ($7.00) in each case they sit
as jurors, or if called to serve and answer present.
(1993 Code, sec. 8.106)
In the case of conviction in the corporation court of the city,
whether by jury or by court, there shall be taxed against the defendant,
or against all defendants, when several are held jointly, a trial
fee as provided for in the fee schedule found in the appendix of this
code; the same to be collected and paid over to the city administrator,
together with the fine and the offense committed as found by the jury
or court.
(1993 Code, sec. 8.105)
(a) The
city council hereby establishes a municipal court technology fund,
requiring that a defendant convicted for a misdemeanor offense in
the municipal court shall pay the maximum fee allowed by state law
as a cost of the court.
(b) The
fee shall be collected by the clerk of the court.
(c) The
fund designated by this section may be used only to finance the purchase
of technological enhancements for the municipal court as specified
in V.T.C.A., Code of Criminal Procedure, article 102.0172.
(d) The
fund designated by this section shall be administered by or under
the direction of the city council.
(Ordinance 243, sec. 1, adopted 4/13/06; Ordinance adopting Code)
(a) There
is hereby created and established a municipal court building security
fund (the “fund”) pursuant to article 102.017 of the Code
of Criminal Procedure.
(b) The
municipal court of the city (the “municipal court”) is
hereby authorized and required to assess a municipal court building
security fee (the “fee”) in the amount of $3.00 against
all defendants convicted of a misdemeanor offense by the municipal
court. Each misdemeanor conviction shall be subject to a separate
assessment of the fee.
(c) A
person is considered to have been convicted in a case if:
(1) Judgment, sentence, or both are imposed on the person;
(2) The person receives deferred disposition; or
(3) The court defers final disposition or imposition of the judgment
and sentence.
(d) The
municipal court clerk is hereby authorized and required to collect
the fee and to pay same to the treasury of the city. All fees so collected
and paid over to the treasury of the city shall be segregated in the
fund.
(e) The
fund shall be used only for the purpose of financing the purchase
of security devices and/or services for the building or buildings
housing the municipal court of the city. “Security devices and/or
services” shall include any and all items described in article
102.017(d) of the Code of Criminal Procedure.
(f) The
fund shall be administered by or under the direction of the city council.
(Ordinance 244, sec. 1, adopted 4/13/06)
In accordance with article 103.0031 of the Texas Code of Criminal
Procedure, there shall be imposed an additional fee of thirty percent
on all debts and accounts receivable, i.e.: fines, fees, restitution,
other debts, and costs that are more than sixty days past due and
have been referred to an attorney for collection.
(Ordinance adopted 8/10/06)