Ord 2007-046 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2007- 46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, CREATING A MUNICIPAL COURT OF RECORD, ADDING CHAPTER 55 OF THE CITY CODE, INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. Chapter 30 of the Texas Local Government Code authorizes a home rule city to establish a municipal court of record by ordinance. 2. The City Council determines that the creation of a Municipal Court of Record is necessary to more effectively enforce the ordinances of the City of San Marcos and to provide more efficient disposition of cases arising in the City of San Marcos. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 2.022 of the City Code is repealed in its entirety. SECTION 2. Chapter 55 of the City Code is added to read as follows: Municipal Court Sec. 55.01. Municipal Court of Record Created. (a) In accordance with the provisions of the City of San Marcos City Charter and applicable state law, there is hereby created the Municipal Court of Record in the City of San Marcos, Texas. The Municipal Court of Record shall be comprised of as many divisions as the city council deems if necessary. (b) The court shall have no term and may sit at any time for the transaction of business of the court. Where the term "municipal court" is used in the City's Charter or this Code of Ordinances, it shall mean the municipal court of record created herein. Any provision of the City Charter, city ordinances, or state law that is applicable to a municipal court shall be applicable to the municipal court of record created herein unless the provision is in conflict or inconsistent with Chapters 29 or 30 of the Texas Government Code, as amended, which governs the municipal courts of record. Sec. 55.02. Additional Jurisdiction. The Municipal Court of Record shall also have: (a) Concurrent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the City of San Marcos and are punishable by fine only; (b) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code;