ORD 1998-03TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 98-03
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
CREATING AND ESTABLISHING A MUNICIPAL COURT; PROVIDING
FOR A REGULAR MUNICIPAL JUDGE, ALTERNATE JUDGES, COURT
CLERIC, AND ALTERNATE CLERKS; PROVIDING FOR THE FILLING
OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND
CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS;
REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED OR
ORDERED TO APPEAR IN THE MUNICIPAL COURT FOR VIOLATION
OF A STATE STATUTE, TOWN ORDINANCE OR OTHER LAW OR
REGULATION; AUTHORIZING THE MUNICIPAL COURT CLERK TO
FILE A COMPLAINT CHARGING ANY PERSON WHO FAILS TO
APPEAR AS SUMMONED WITH THE OFFENSE OF FAILURE TO
APPEAR; ESTABLISHING A NONREFUNDABLE DEFENSIVE DRIVING
FEE; ESTABLISHING AND IMPOSING A WARRANT FEE OF $25.00
FOR THE ISSUANCE AND SERVICE OF AN ARREST WARRANT WHEN
A DEFENDANT IS NOT CONVICTED OF A CLASS C MISDEMEANOR
AND A WARRANT FEE OF $35.00 FOR EXECUTING OR PROCESSING
AN ISSUED ARREST WARRANT OR CAPIAS WHEN A DEFENDANT IS
CONVICTED OF A CLASS C MISDEMEANOR; DESIGNATING THE
FUNDS INTO 'WHICH SUCH FEES ARE TO BE PAID; REPEALING
ORDINANCE NOS. 87-20 AND 92-13 RELATING TO THE MUNICIPAL
COURT EXCEPT AS PROVIDED FOR HEREIN; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED CONEIVIITTED EACH DAY
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING
AN EFFECTIVE DATE.
WHEREAS, the Town Council has heretofore adopted Ordinance No. 92-13 relating to
the Municipal Court and its processes, and it is the intent of the Council, by the adoption of this
Ordinance, to reenact the terms of Ordinance No. 92-13 without affecting a substantive change
in the law except for the provisions of Section LB.(2) hereof; and
WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the
best interests of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Municipal Court.
A. Creation. There is hereby created and established a court designated as a
municipal court of the Town of Trophy Club, Texas (the "Town"), for the trial of misdemeanor
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offenses, including violations of municipal ordinances, with all such powers and duties as are
now, or may hereafter, be prescribed by the laws of the State relative to municipal courts.
B. Judge and Associate Judges,
(1) The Town Council shall appoint a person to act as judge of the municipal court.
Said initial appointee shall hold his term of office corresponding to the unexpired term of the
mayor, and every two (2) years thereafter a municipal judge shall be appointed for a term of two
(2) years.
(2) The Town Council may appoint by resolution one or more persons to sit for the
regular judge of the municipal court or for the presiding judge or any of the associate judges of
such court, while such judge or judges, any or all, are temporarily unable to act for any reason.
Such appointee or appointees shall possess the same qualifications required of the regular
municipal judge, and shall have all the powers and duties of such office. No such appointee or
appointees (including any associate or alternate municipal judge) shall be entitled to any
compensation whatsoever.
C. Cleric and AIternate Clerks. A clerk for the municipal court shall be appointed
by the Town Council. Said initial appointee shall hold his term of office corresponding to the
unexpired term of the mayor, and every two (2) years thereafter a clerk shall be appointed for
a term of two (2) years. The clerk shall keep minutes of the proceedings of the municipal court,
issue all process and generally perform 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.
D. Vacancv. A vacancy in the office of municipal court judge or clerk of the court shall
be filled by the Town Council for the unexpired term only.
E. Setting Time of Court Sessions. The municipal judge shall have power to set time
for court sessions as the docket may require.
Section 2. Failure to Appear.
A. Appearance Required. That any person summoned or ordered to appear in the
Town municipal court to face and answer a charge brought against that person by the Town for
a violation of a State statute, Town ordinance or other law or regulation shall appear in the
municipal court at the date and time specified in the summons or order. For purposes of this
Ordinance, the term "person" shall mean any corporation, partnership, joint venture, individual
or any other entity recognized in law.
B. Complaint. In the event a person summoned or ordered to appear in municipal
court as outlined in Section 2.A. of this Ordinance fails to appear, the municipal court clerk
shall be authorized and empowered to file a complaint in municipal court charging that person
with failure to appear as summoned or ordered.
Section 3. Defensive Driving Fees. A nonrefundable fee of ten dollars ($10.00) shall
be charged as a special expense each time a person requests to take a defensive driving course
for the purpose of having the charge dismissed after the successful completion of the course.
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The fee shall be paid into the Town treasury to recover the costs incurred by the Town in
processing the person's request for defensive driving school.
Section 4. Warrant Fees. That the following fees are hereby and shall be imposed
and collected by the Town Municipal Court in the following instances:
A. Defendant Convicted of Misdemeanor.
(1) When a defendant has been convicted in the Municipal Court of the Town, the
defendant shall pay the sum of $35.00 for the execution or processing of an issued arrest warrant
or capias by a peace officer. The fee shall be assessed on conviction, regardless of whether the
defendant was also arrested at the sante time for another offense, and shall be assessed for each
arrest made of a defendant arising out of the offense for which the defendant has been convicted.
law.
(2) Proceeds collected hereunder shall be retained by the Town in accordance with
B. Defendant Not Convicted of Misdemeanor.
(1) Whenever a warrant of arrest is issued and served and the defendant made the
subject of the warrant is not convicted in the Municipal Court of the violation for which the
arrest warrant was issued, a fee not to exceed the sum of Twenty-five Dollars ($25.00) shall be
imposed and collected by the Town in the following instances:
A. When a person fails to appear in accordance with art. 38.10, Texas Penal
Code (Vernon), as amended, and with chapter 543, subchapter A, Tex.
Transp. Code; and
B. In all other instances where there has been filed a complaint providing that
there has been a violation of a law or ordinance which imposes criminal
penalties for violations thereof, provided that written notice of the issuance
of an arrest warrant and imposition of the warrant fee has first been given
to the offender.
(2) The Judge of the Municipal Court shall set the warrant fee authorized by this
Section 4.B. in an amount not to exceed $25.00.
(3) The funds collected pursuant to this Section 4.B. shall be paid into the Town
treasury for the use and benefit of the Town.
Section 5. Savings; Repealer. This Ordinance shall be cumulative of all other
ordinances of the Town affecting the Town's municipal court and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those ordinances
are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance
No. 92-13 and Ordinance No. 87-20 of the Town are hereby repealed, but provided that the
creation of the Town's municipal court and the appointment of any municipal court judge or
clerk pursuant to the said Ordinance No. 92-13 shall not be affected by such repeal, and such
creation and any such appointment is hereby confirmed and ratified; and provided further that
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any complaint, action, cause of action, or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 92-13 shall
continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No.
92-13 shall be deemed to remain and shall continue in full force and effect.
Section b. Severability. If any section, article, paragraph, sentence, clause, phrase,
or word in this Ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council hereby declares it would
have passed such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 7. Penalty. It shall be unlawful for any person to violate Section 2 of this
Ordinance, and any person violating or failing to comply with Section 2 shall be fined, upon
conviction, not Iess than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and
a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
Section 8. Effective Date. This Ordinance shall take effect from and after its date
of passage and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 17tlday of _---February , 1998.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED S TO FORM:
— //6 -'\ ,Tow Attorney
Town of Trophy Club, Texas
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yor, Town ot2rbphy Club, Texas
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