HomeMy WebLinkAboutOrd 1990-102 Municipal Court.pdf0
CITY OF ANNA, TEXAS
ORDINANCE NO. 102-90
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AFFIRMING ACC0 ING TO LAW AND
ESTABLISHING THE ACTIVATION OF A MUNICIPAL COURT FOR SAID CITY;
APPOINTMENT OF A JUDGE. AND COURT CLERK AND PROVIDING OTHER CONDITIONS
[NCIDENT THERETO.
I
CREATION OF MUNICIPAL COURT
There is hereby created a court in and for the City of Anna, Texas, which
s�Fjll be known as the municipal court. This court shall have jurisdiciton
with the city with power to hear and determine all cases of alleged
violations of the ordinances of the city and all other cases over which
municipal courts are generally given jurisdiction by state law.
II
APPOINTMENT OF JUDGE
here is hereby created the office of judge of the municipal court who shall
ave all the powers and authority as granted by, and shall perform all the
duties as required by state law. The judge shall be appointed by a
majority vote of the city council for a two (2) year term to correspond
with the term of the mayor. Vacancies in the position of judge shall be
filled by the city council for the remainder of the unexpired term. The
amount of compensation to the judge shall be set from time to time by the
city council and paid out of the city treasury.
III
REMOVAL OF JUDGE
The judge of the municipal court may be removed :from office by city council
resolution declaring a lack of confidence in the judge; provided that two-
thirds (2/3) of the city council vote in favor of said resolution.
IV
OATH REQUIREMENT FOR JUDGE
The judge of the municipal court, prior to taking office, shall take the
oath of office required by the state constitution and state laws. This is
the oath required by the state .laws for mayors of cities.
V
OSSOCIATED JUDGE
An associate judge of the municipal court may be appointed by the city
ouncil at the same time the judge is appointed. The associate judge
c
hall serve in the absence or temporary disability of the judge. The
associate judge shall be subject to the same appointment, removal, and
oath" requirements as the. judge.
VI
COURT CLERK AND DEPUTY COURT CLERK
The city council shall designate a city employee to serve as court clerk
for the city. The city secretary may serve as ex -officio court clerk if
eo appointed by the city council. The city council may also designate a
city employke to serve as deputy court clerk. The court clerk and deputy
court clerk shall be appointed for two (2) year terms to correspond with
ther term of the mayor. Vacancies in the position of court clerk and
deputy court clerk shall be filled by the city council for the remainder
of the unexpired term. The city council shall prescribe the compensation
for the court clerk and deputy court clerk, which shall be paid out of
the city treasury.
VII
DUTIES OF COURT CLERK
The clerk of the municipal court and the deputy court clerk shall perform
all the duties and have all the powers bestowed upon clerks of municipal
courts by state law. The court clerk and deputy court clerk shall report
*responsible
the judge regarding court matters, but shall be administratively
responsible to the city administration.
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VIII
REMOVAL OF COURT CLERK AND DEPUTY COURT CLERK
The city council may remove the court clerk or deputy court clerk for
incompetency, corruption, misconduct, or malfeasance inoffice after due
notice and an opportunity for hearing before the city council.
IX
CITY PROSECUTOR
The duly authorized city attorney or deputy city attorney as designated
by the city attorney shall serve as ex -officio prosecutor in the municipal
court. The city council shall prescribe the compensation for the prosecutor
which shall be paid out of the city treasury.
0
BAILIFF
The City of AnnaFire Marshall shall serve as bailiff to preserve order
and decorum while court is in session when requested by the judge.
XI
WARRANT OFFICER
The City of Anna Fire Marshall shall serve as warrant officer to serve
all process or papers issued by the municipal court when requested by
the judge.
XII
PRACTICES AND PROCEDURES
The rules prescribed by state law governing trials in the state justice
of peace courts shall govern the procedure and practice of the municipal
court, and the city council may prescribe such additional rules of
practice and procedures as are not inconsistent with state law.
XIII
SEVERABILITY
It is hereby declared to be the intention of the city council that the
sections, paragraphs, sentences, clauses, and phrases of this ordiance
are.aeverablo, and, if -any phrase,' clause, sentence, paragraph, or
section of this ordiance shall be delared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses,
Wentences, paragraphs, and eect.lons of this ordinance, since the same would
ave been enacted by the city council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section,
XIV
EFFECTIVE DATE
This ordinance will take effect immediately from and after its passage
and publication as the law in such cases provide.
PASSED AND APPROVED this &"'day ofd, 1990, by the
City Council of the Cityof Anna, Texas.
APPROVED
MAYOR
ATTEST:
,
TY SECRETARY