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"City of Choice"
ORDINANCE NO. L2j67
AN ORDINANCE AMENDING THE CITY OF CIBOLO'S CODE OF
ORDINANCES CHAPTER 7, TO A MUNICIPAL COURT OF RECORD;
AMENDING ARTICLE 7.01 GENERAL PROVISIONS; DECLARING A PUBLIC
PURPOSE; INCORPORATING RECITALS; PROVIDING A REPEALER;
PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE.
WHEREAS, Texas Government Code Section 30.0003 authorizes the governing body of a municipality
to create a municipal court of record to provide a more efficient disposition of cases in the municipality;
WHEREAS, City Council determines that the creation of a municipal court of record is necessary to
provide a more efficient disposition of cases arising in the City of Cibolo; and
WHEREAS, at this time, City Council desires to establish one municipal court of record:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION I - AMENDMENT
The Code of Ordinances, City of CIBOLO, Texas, is hereby amended by replacing Article VII. Municipal
Court of Record, numbered Sections 7.01.002 — 7.01.008 which now reads as follows below and
renumbering 7.01.007 Forfeiture of Bond to 7.01.020 Time for Decision changed to 7.01.009 Forfeiture
of Bond to 7.01.022 Time for Decision, to wit:
Article VII. Municipal Court of Record
See. 7.01.002 Established
There is created a unified court of record ("court") which shall be known as the Municipal
Court of Record in the City of CIBOLO, Texas and is hereby established pursuant to Texas
Government Code Chapter 30, Subchapter A, and the terms set forth therein are hereby
adopted governing the operation of the court.
Sec. 7.01.003 Judge
(a) The city council shall appoint a municipal court judge to the court. The judge shall be
appointed to a term of three (3) years which will coincide with the term of the Mayor and
may be appointed to additional consecutive terms and:
(1) be a resident of the State of Texas;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing with the State Bar of Texas; and
(4) have two or more years of experience in the practice of law in the State of Texas.
(b) The city council shall determine the salary of the municipal judge.
(c) Appointment of Assistant or Additional Judges.
The City Council may appoint such assistant judges as may be necessary to perform the
duties of the Judge of the Municipal Court; or a temporary judge to act for the Judge in the
case of his temporary absence or disability; and such assistant, additional or temporary judges
shall receive such compensation as may be set by the Council.
Sec. 7.01.004 Jurisdiction
(a) The corm has 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 and
are punishable only by fine.
(b) The Municipal Court has jurisdiction over criminal cases arising under ordinances authorized
by Sections 215.072, 217.042, 341.903, and 551.002, Local Government Code.
(c) The Municipal Court shall have jurisdiction in all criminal cases arising under this code and
any ordinances of the city in which the punishment is by fine only, and where the maximum
fine for the offense charged does not exceed $500, with the exception of ordinances
regulating fire safety, zoning, public health and sanitation in which the fine may not exceed
$2,000, and where the offense charged arose within the corporate limits of the city (or outside
of the corporate limits but within an area over which the city has jurisdiction and control
under the laws of the state).
(d) The court has:
(1) 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 and their successor statutes as amended;
(2) Concurrent jurisdiction with a district court or a county court at law under Subchapter B,
Chapter 54, Local Government Code, within the city's territorial limits and property
owned by the city located in the city's extraterritorial jurisdiction for the purpose of
enforcing health and safety and nuisance abatement ordinances; and
(3) Authority to issue: (i) search warrants for the purpose of investigating a health and safety
or nuisance abatement ordinance violation; and (ii) seizure warrants for the purpose of
securing, removing, or demolishing the offending property and removing the debris from
the premises.
Sec. 7.01.005 Term/Sessions
The court has no terms and may sit for any time for the transaction of business of the court.
Sec. 7.01.006 Clerk of the Court.
(a) In accordance with the City Charter, the City Manager shall appoint a Clerk of the Municipal
Court of Record.
(b) The Municipal Cleric shall keep the records of the municipal courts of record, issue process,
and generally perform the duties that a clerk of a county court at law exercising criminal
jurisdiction performs for that court. In addition, the Clerk shall maintain an index of all court
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judgments in the same manner as county clerks are required by law to prepare for criminal
cases arising in county courts.
Sec. 7.01.007 Court Reporter
(a) A court reporter may be appointed who must meet the qualifications provided by law for
official court reporters. The court reporter may use written notes, transcribing equipment,
video or audio recording equipment, or a combination of those methods to record the
proceedings of the Court. The court reporter is not required to record testimony in any case
unless the Judge or one of the parties requests a record in writing, and files the request with
the Court before trial.
(b) A court reporter is not required to be present during proceedings of the Municipal Court of
Record, provided that proceedings required to be recorded by this section are recorded by a
good quality electronic recording device. If a record is made, it shall be kept for the 20 -day
period, beginning the day after the last day of the court proceeding, trial or denial of motion
for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed
from the recording by an official court reporter.
Sec. 7.01.008 Court Costs and Fees
(a) Court costs shall be assessed pursuant to and in compliance with the state statutes.
(b) All costs and fines imposed by the Municipal Court shall be paid into the treasury for the use
and benefit of the city.
(c) In cases where a defendant complained of calls for a jury for his or her trial in the Municipal
Corot, and then by judgment is determined to be guilty, the judgment, at the discretion of the
Judge, may include as costs a jury fee not in excess of that provided by statute.
(d) In the event a case is appealed from the Municipal Court, the following costs shall be paid:
a. For preparation of the Clerk's record, $25. The preparation fee does not include the
fee for an actual transcription of the proceedings.
b. The defendant shall pay the fee for the preparation of the Clerk's record, and the fee
for an actual transcription of the proceedings.
(e) The fees for dismissal of noncompliance traffic fines such as no driver's license on person;
expired inspection stickers; expired registration, and the like shall be $10 or, if the applicable
statute so provides, the sum of $20.
(i) The time payment fee shall be $25.
SECTION 11. -PUBLIC PURPOSE
The City Council expressly finds that the amendment of code by the creation of a municipal court of
record is necessary to provide a more efficient disposition of the cases arising in the municipality.
SECTION III. - INCORPORATION OF RECITALS
The City Council finds the recitals contained in the preamble to this ordinance are true and correct and
incorporates them as findings of fact.
SECTION IV. - REPEALER
All ordinances, resolutions, and code sections in conflict herewith are repealed to the extent of such
conflict. The municipal court established pursuant to the general law is abolished in the manner
prescribed thereby and all pending cases transferred to said courtwhich shall assume jurisdiction thereof.
SECTION V. - SEVERABILITY
If any provision of this code is found by a court of competent jurisdiction to be invalid or
unconstitutional, or if the application of this code to any person or circumstances is found to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications
of this code which can be given effect without the invalid or unconstitutional provision or application.
SECTION VI. - EFFECTIVE DATE
The ordinance shall be effective following its approval by the City Council and after the City has
published notice of this ordinance in the newspaper designated as the official newspaper of the City twice
as required by Section 3.13 (3) of the City Charter.
PASSED AND APPROVED by a vote of % for, to 0 against this the 14th day of May, 2019.
ATTEST:
Peggy Cimics, City Secretary
APPROVED:
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