The Town Council shall, by ordinance, create and provide for
a Municipal Court to be known as the Municipal Court of the Town of
Fairview, Texas, and may appoint one or more Municipal Judges to serve
in such Court. The Court shall have all the powers and duties as are
now or as may hereafter be prescribed by the laws of the State of
Texas in connection with the trial of misdemeanor offenses within
its jurisdiction.
The Judge of the Municipal Court, and all alternates, shall
be competent, duly qualified, and licensed attorneys in the State
of Texas. The Judge of the Municipal Court shall be appointed to a
term of two (2) years and may be appointed to additional and consecutive
terms at the will and pleasure of the Town Council. The Judge shall
receive such compensation as may be determined by the Town Council.
This compensation shall be fixed and commensurate with the duties
performed by the Judge.
There shall be a Clerk of the Municipal Court appointed by the
Town Manager. The Clerk of the Court and any Deputies appointed by
the Town Manager shall have the power to administer oaths and affidavits,
make certificates, affix the seal of said court as necessary and as
required by law, and in general do and perform any and all acts usual
and necessary to be performed by clerks and deputy clerks of municipal
courts of the State of Texas.
The Municipal Court shall have jurisdiction:
(1) Over
the forfeiture and collection of bonds given in proceedings therein,
to order the forfeiture of cash appearance bonds upon the failure
of the defendant to appear, and to accept the same in lieu of a fine.
(2) Concurrent
with the appropriate State court, of all criminal cases arising under
the criminal laws of the State of Texas, where the offense is committed
within the Town limits and the penalty does not exceed that which
is established for municipal courts by State law.
(3) Over
all criminal cases arising under the ordinances of the Town within
the Town limits and outside the Town limits to the extent authorized
by State law.
(4) To punish
for contempt, admit to bail, and forfeit bonds under such circumstances
as provided by law.
(5) To enforce
all process of the courts in accordance with State law and Town ordinances,
punish witnesses for failing to obey subpoenas, and compel their attendance
by process of attachment.
All costs, fines, and penalties imposed by the municipal court
shall be paid into the Town treasury for the use and benefit of the
Town, as may be consistent with present and future State laws.