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55 ORDINANCE 1988-7 AN ORDINANCE OF THF CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REPEAliNG CHAPTER 17 OF THE SAN MARCOS CODE OF ORDINANCES, MUNICIPAL COURT, ADOPTING A NEW CHAPTER 17 TO PROVIDE FOR A MUNICIPAL COURT OF RECORD AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 17, Municipal Court, of the San Marcos Code of Ordinances is repealed and a new Chapter 17, Municipal Court of Record, of the San Marcos Code of Ordinances is adopted in its place: CHAPTER 17 MUNICIPAL COURT OF RECORD Se c. 1 7 -1 . Municipal Court of Record. There is hereby created a Municipal Court of Record in the City of San Marcos which shall have jurisdiction over: (1) criminal cases arising from: a) laws of the State of Texas for which the penalty is fine only, by b) ordinances of the City of San Marcos. (2) administrative cases arising from ordinances of of San Marcos the City (3) appeals to the Municipal Court authorized by ordinances of the City of San Marcos. Sec. 17-2. Municipal Court Judges. (1) The City Council shall appoint a full time presiding municipal court judge for a term as provided in the City Charter and by State law and as many part-time municipal court judges for similar terms as the Council deems necessary to carry out the functions of the Court. Municipal Court judges shall, at the time of their appointment, have been licensed to practice law in Texas in good standing for at least three (3) years. (2) Municipal Court judges shall take judicial notice of City ordinances, of the City's corporate limits, of the City's extraterritorial jurisdiction, of Texas State law, of the Texas Constitution, of laws of the United States and of the United States Constitution. (3) Municipal Court Judges may grant writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the Court. They may issue search warrants pursuant to the Texas Code of Criminal Procedure. (4) The presiding Municipal Court Judge shall: a) maintain a central docket for cases filed within the territorial limits of the City over which the courts have jurisdiction; b) provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the courts; c) call the jury docket and request the jurors needed cases that are set for trial by jury; and for d) temporarily assign judges or relief judges to act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts.