There is hereby created and established in the city a court
to be known as the municipal court of the city, which court shall
have the jurisdiction hereinafter prescribed.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.101)
Said court shall have jurisdiction within the territorial limits
of the city in all criminal cases arising under the ordinances of
the city or hereafter to be passed and shall also have jurisdiction
concurrently with the justices of the peace of Precinct No. 2, in
Williamson County, Texas, and Precinct No. 3, in Bell County, Texas,
in all criminal cases arising under the criminal laws of this state
in which the punishment is by fine only and where the maximum of such
fine may not exceed the amount allowed by V.T.C.A., Government Code,
section 29.003, and arising within the territorial and corporate limits
of the city.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.102; Ordinance
adopting 2024 Code)
(a)
Said
court shall be presided over by a judge to be known as the judge of
the municipal court, and the mayor of the city shall be ex officio
recorder of said court.
(b)
The
office of the judge of the municipal court shall be filled by appointment
by the city council. The judge shall perform the duties as prescribed
by the laws of the state. The judge shall be appointed for a term
of office running concurrently with that of the mayor. He shall receive
such compensation as the city council shall fix by ordinance or resolution
and shall furnish such surety bond as may be required by the city
council, the premium of which is to be paid by the city.
(Ordinance 287 adopted 12/20/1965; 1989 Code, sec. 6.103)
The city secretary shall be the ex officio clerk of said court
and may appoint a deputy who shall have the same power as said clerk
and shall hold his office during his term as city secretary. It shall
be the duty of said clerk to keep minutes of the proceedings of said
court and to issue all processes and generally to do and perform all
the duties of a clerk of a court as prescribed by law for the clerk
of the county court insofar as the same is applicable.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.104)
Complaints before such court may be sworn to before the judge
of the municipal court, the clerk of said court, the city secretary,
the city attorney or his deputy, or before an officer authorized by
law to administer oaths; provided that in said municipal court the
rules of pleading, practice and procedure now established for justice
courts shall apply to such municipal court in the city as far as the
same may be applicable.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.105)
The said municipal court shall have a seal, having engraved
thereon a star of five points in the center and the words, “Municipal
Court in Bartlett, Texas,” the impress of which shall be attached
to all proceedings, except subpoenas, issued out of said court, and
shall be used to authenticate the official acts of the clerk and of
the judge, where he is authorized or required to use the seal of office.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.106)
All prosecutions in said court, whether under an ordinance or
under the provisions of the Penal Code, shall be commenced: “In
the name of the State of Texas,” and shall conclude, “against
the peace and dignity of the State,” and where the offense is
covered by an ordinance the complaint may also include, “as
contrary to the said ordinance,” and also such prosecutions
in said court shall be conducted by the city attorney or his deputy;
but the city attorneys of Bell County and Williamson County may, if
they so desire, also represent the state in such prosecutions, but
in all such cases said city attorneys shall not be entitled to receive
any fees or other compensation whatever for said services and in no
case shall the said city attorney have the power to dismiss any prosecution
pending in said court, unless for reasons filed and approved by the
judge of said court.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.107)
All costs and fines imposed by said court in the city, in any
prosecution therein, shall be paid to the city treasury of the city,
for the use and benefit of the city.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.108)
(a)
There shall be taxed against and collected of each defendant in case of his conviction before said court the costs set forth in the fee schedule in appendix A of this code.
(b)
All
of such costs shall be collected by the city secretary together with
the fine imposed and paid by him into the treasury of the city.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.109; Ordinance
adopting 2024 Code)
The provisions of the Code of Criminal Procedure now in force
regulating the amount and collection of jury and witness fees and
for enforcement of the attendance of the witnesses in the criminal
cases tried before the justice of the peace shall, as far as applicable,
govern and be applicable to the trial of cases before the municipal
court.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.110)
The judge of said municipal court shall have the power to punish
for contempt to the same extent and under the same circumstances as
the county judge may punish for contempt of the county court. He shall
have the power to make recognizances, admit to bail, and forfeit recognizances
and bail bonds under such rules and regulations as now govern the
taking and forfeiture of the same in the county.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.111)
All process issuing out of said municipal court shall be served
by the chief of police of the city or his deputy under the same rules
and regulations as are now provided by law for the service of sheriffs
and constables of process issuing out of the county court, so far
as the same are applicable. Said municipal court shall hold no terms
but shall be deemed at all times open for the transaction of business,
but each defendant shall be entitled to at least one day’s notice
of any complaint against him if such time he demand.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.112)
Any person convicted of an offense in this court shall be committed
to the custody of the chief of police, and by him held until said
person shall have discharged the fine and costs adjudged against him;
provided that said person may be put to work by said chief of police
and forced to work upon the public streets and alleys, or other public
works in this city, in which event said person shall receive the sum
of two dollars and fifty cents ($2.50) a day for each day he thus
works, which amount will be credited upon the fine and costs adjudged
against him. Nothing herein, however, shall be construed to prevent
the city from execution or other process to issue and seize the property
of such person to satisfy the fine and court costs that may have been
adjudged against him in the municipal court in the city.
(Ordinance 8 adopted 4/18/1902; 1989 Code, sec. 6.113)
