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Ordinance 2020-63ORDINANCE NO.2020-63 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2005-07, AS AMENDED, CHAPTER 34 (COURTS) AND SECTION XII (MUNICIPAL COURT FEES) OF APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE); CONVERTING THE EXISTING CITY OF WYLIE MUNICIPAL COURT INTO A MUNICIPAL COURT OF RECORD IN ACCORDANCE WITH CHAPTER 30 OF THE TEXAS GOVERNMENT CODE; ESTABLISHING THE JURISDICTION OF THE MUNICIPAL COURT OF RECORD; MODIFYING CERTAIN PROVISIONS REQUIRING ASSESSMENT AND PAYMENT OF MUNICIPAL COURT FEES AND COSTS IN ACCORDANCE WITH APPLICABLE LAW; MODIFYING CERTAIN PROVISIONS REGARDING AND PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, TERM, SALARY AND POWERS AND DUTIES OF MUNICIPAL COURT JUDGES; PROVIDING FOR A PRESIDING JUDGE; PROVIDING FOR THE FILLING OF VACANCIES AND REMOVAL OF JUDGES; PROVIDING FOR A COURT REPORTER; PROVIDING FOR PROSECUTION AND APPEALS; PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE, PENALTY CLAUSE AND AN EFFECTIVE ' DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Chapter 30 of the Texas Government Code provides that the City Council of the City of Wylie, Texas ("City Council") may establish a municipal court of record; and WHEREAS, the City Council has determined that the establishment of a municipal court of record by converting the existing municipal court to a court of record is necessary to provide for the more efficient disposition of the cases arising in the City of Wylie, Texas ("City'); and WHEREAS, Senate Bill 346, approved in the 861" Texas Legislative Session, added Chapter 134 of the Texas Local Government Code and establishes a mandatory fee payable to municipal courts for nonjailable convictions known as the Local Consolidated Fee; and WHEREAS, Senate Bill 346 establishes new funds, modifies existing funds and specifically delineates to which funds the Local Consolidated Fee must be distributed in accordance with state law; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City to amend Chapter 34 (Courts) of the City's Code of Ordinances, Ordinance No. 2005-07, as amended ("Code of Ordinances"), and Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule), as set forth below. Ordinance No. 2020-63 Establishing Municipal Court of Record Page 1 3248556 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: I SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amendment to Chapter 34 (Courts) of the Code of Ordinances. Chapter 34 (Courts) of the Code of Ordinances is hereby amended to read as follows: "CHAPTER 34 — COURTS ARTICLE I — IN GENERAL Sec. 34-1. Creation and Name. (a) The City Council hereby determines that the creation of a municipal court of record is necessary to provide for the more efficient disposition of the cases arising in the City. (b) The City Council hereby creates a municipal court of record, as provided by Section 30.00003(d) of the Texas Government Code, as amended, to be known as the "Municipal Court of Record in the City of Wylie, Texas." (c) All cases pending on the docket of the Municipal Court of Wylie, Texas, as , of the effective date of this Ordinance shall remain pending on the docket of the Municipal Court of Record in the City of Wylie. Texas, and the Municipal Court of Record shall have jurisdiction over such cases. (d) To the extent there is any conflict between this Chapter and the City Charter, the City Charter shall prevail. Sec. 34-2. Jurisdiction. The Municipal Court of Record shall have the iurisdiction and authoritv provided by the City Charter and by general law for municipal courts. In addition, the Municipal Court of Record shall have the iurisdiction and authority provided by Section 30.00005 of the Texas Government Code. as amended, including but not limited to (a) Jurisdiction over criminal cases arising under ordinances authorized by Sections 215.072, 217.042, 341.903 and 551.002 of the Texas Local Government Code, as amended: (b) Concurrent iurisdiction with a justice court in any precinct in which the 1 Deletions are evidenced by stfikethreugh; additions are underlined. Ordinance No. 2020-63 Establishing Municipal Court of Record 3248556 Page 2 municipality is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine; (c) Concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54 of the Texas Local Government Code, as amended, 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; (d) Civil jurisdiction for the nuroose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214 of the Texas Local Government Code, as amended, or Subchapter E, Chapter 683 of the Texas Transportation Code, as amended; (e) Concurrent jurisdiction with a district court and a justice court over expunction proceedings relating: to the arrest of a person for an offense punishable by fine only; and (fl Authority to issue: (1) Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation: and ' (2) Seizure warrants for the purpose of securing, removing or demolishing the offending property and removing the debris from the premises. Secs. 34-3 — 34-20. — Reserved. ARTICLE II — MUNICIPAL COURT PROCEDURES DIVISION 1. — Municipal Court Funds, Costs and Fees Gonerally. Sec. 34-21. Court fees authorized. Court costs and fees are hereby authorized to be imposed and collected in accordance with the provisions of applicable law. Sec. 34-22. Convictions. For purposes of this division, a person is considered to be "convicted" if: (1) A sentence is imposed on the person by the Municipal Court; or ' (2) The person receives deferred disposition from the Municipal Court, including deferred proceedings under Articles 45.052 or 45.053 of the Ordinance No. 2020-63 Establishing Municipal Court of Record Page 3 3248556 Texas Code of Criminal Procedures Ve_nen' Ann. G.G.P. ai4. nc nc2 or- 4 5.053, as it exists or may be amended, or other law. ' Sec. 34-23 Local Consolidated Fee: Distribution to Funds. building seear-ity fund. (a) A person convicted of a nonjailable misdemeanor offense, including a criminal violation of a municipal ordinance, shall pav the Local Consolidated Fee as a court cost pursuant to state law, in addition to all other costs, on conviction. Qea:&n. There is hereby ereatea and established .......:..:...11 ee..-t building seeurity Pang /the uA.-.A++\ ........uant to Vemen's i ...,uii . (b) The City Treasurer, upon receipt of payment of the Local Consolidated Fee, shall allocate the Local Consolidated Fee to the accounts and funds pursuant to state law with no individual fund receiving less than the minimum percentages stated therein. Assessment of fee; autherit�,. The municipal ....t eF the e:ty (the "municipal .. V) is h......1.y atAherized to assess a m.....e4 d ee..-t building see.. ity fee (the "fee"), f e") in the «mild..,.m iYui tivui-.- o , autherized by law, against all defendants eenyieted i .. t..: 1 F .. ..J .,. ., ug.. iio.. ,iii ...a.aiau.no vvaavam.. shell he ....h:eet tee separate assessment eF the fee. (c) The City Treasurer shall maintain in the City treasury funds or accounts to , which money is allocated under state law. Monev in an account maintained under this section may be used only for the purposes provided by state law. Cellee.ion of re, '.' .. Y.J'.. : .ent to e:t The un�iksu zk el eeuI4 ele_'�.s j : j. ii hereby authorized and YeEfdired to e :iieet the fie nu't to pay the fee ♦e the treasury ... a.,. ....J.. All wvu ov waawta. ...7 paid ever to the tFeas .,.. efthe e:ty shell he segregated in the fund f► (a) Creation. Thee is hereby erected and established u muni ' :ripaeotta-. teehneleg fiand (the "fund") Pursuant to Vefnen''s Ann. G.G.P. art. tm nl7� :t exists or ., he amended. i.,�...i .�, u� i....ca� 1 Ordinance No. 2020-63 Establishing Municipal Court of Record Page 4 3248556 (a) Creation. Thee is hereby erected and established u muni ' :ripaeotta-. teehneleg fiand (the "fund") Pursuant to Vefnen''s Ann. G.G.P. art. tm nl7� :t exists or ., he amended. i.,�...i .�, u� i....ca� 1 Ordinance No. 2020-63 Establishing Municipal Court of Record Page 4 3248556 -- Ordinance No. 2020-63 Establishing Municipal Court of Record Page 5 3248556 A�i�T.tfieRF.rYTE.RT.F. M!MIsTlSTSt NORM r lfTi57l�lS!!�T9.�tflSl.Ll7SR.=S. _ .. .. ....... ... .. _.. .._ _. . ...... _.__. _. r.. Sec. 34-24. Collection Fee. (a) Creation; authority. Pursuant to Article 103.0031 of the Texas Code of Criminal Procedure, as it exists or may be amended, there is hereby created a collection fee ("collection fee") in the amount of thirty percent (30%) of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds and restitution ordered paid by the municipal court serving the City or a hearing officer serving the City under Chapter 682 of the Texas ' Transportation Code, as it exists or may be amended, and amounts in cases in which the accused has failed to appear: (1) As promised under Subchapter A, Chapter 543 of the Transportation Code, as it exists or may be amended, or other law; (2) In compliance with a lawful written notice to appear issued under Article 14.06(b) of the Texas Code of Criminal Procedure, as it exists or may be amended, or other law; (3) In compliance with a lawful summons issued under Article 15.03(b) of the Texas Code of Criminal Procedure, as it exists or may be amended; (4) In compliance with a lawful order of a court serving the City; or (5) As specified in a citation, summons or other notice authorized by Section 682.002 of the Texas Transportation Code, as it exists or may be amended, that charges the accused with a parking or stopping offense. (b) Assessment offee. The collection fee shall be assessed and collected when ' such debts, accounts receivable and amounts are more than sixty (60) days Ordinance No. 2020-63 Establishing Municipal Court of Record Page 6 3248556 past due and have been referred to an attorney or other vendor for collection. The collection fee is in addition to any other fines, penalties and/or court costs required by city ordinance or state or federal law. A separate collection fee must be paid for each separate conviction to which it applies. Secs. 34-25 — 34-40. — Reserved. DIVISION 2. — Judges. Sec. 34-41. Appointment of Judge or Judges. The office of judge of the Municipal Court of Record shall be filled by the appointment of the City Council. Sec. 34-42. Duties of Office. The judges of the Municipal Court of Record shall perform the duties as prescribed by the laws of the state, including the power to grant writs of mandamus, attachment and other writs necessary to the enforcement of the iurisdiction of the Municipal Court of Record and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the Municipal Court of Record. The judges shall take iudicial notice of state law and the ordinances and corporate limits of the ' Citesjudges are a magistrate and may issue administrative search warrants. Sec. 34-43. Term of Office; Compensation; Bonding. The judges shall be appointed for a term of office of two years, subject to removal under Section 34-47 below. The judges shall receive such compensation as the City Council shall fix by ordinance or resolution and shall famish such surety bonds as may be required by the City Council. The premium shall be paid by the City. A iudl;e's salary may not be based directly or indirectly on the amount of fines. fees or costs collected by the Court. A special iudge may be appointed through a contract to provide limited services for a defined period, not as a term. Sec. 34-44. Oualifications. Each individual appointed to serve as a jud eg must: (a) Be a resident of this state; (b) Be a citizen of the United States; (c) Be a licensed attorney in good standing; I(d) Have two or more years of exnerience in the practice of law in this state; and Ordinance No. 2020-63 Establishing Municipal Court of Record Page 7 3248556 (e) Have all other qualifications as required by the City Charter or state law. ' Sec. 34-45. Presiding Judge. (a) If there is more than one judge of the Municipal Court of Record, the City Council shall appoint one of the judges as the presiding iudge. (b) The presiding iudge shall: (1) Maintain a central docket for cases filed within the territorial limits of the City over which the Municipal Court of Record has jurisdiction; (2) Provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the Court; (3) Request the municipal court clerk to summon jurors needed for cases that are set for trial by iurv; (4) Temporarily assign iudges or substitute judges to exchange benches and to act for each other in a proceeding pending in a Court, if ' necessary, for the expeditious disposition of business in the Court; (5) Supervise and control the operation and clerical functions of the administrative department of each Court, including the Court's personnel, during the proceedings of the Court; 6) Establish a court security committee to adopt security policies and procedures for the Municipal Court of Record. The committee may recommend to the City Council the uses of resources and expenditures of money for courthouse security, but may not direct the assignment of those resources or the expenditure of those funds. The committee shall be composed of: (A) The presiding judge, or the presiding iudge's designee, who serves as presiding officer of the committee; (B) A representative of the Wylie Police Department; (C) A representative of the City; and (D) Any other person the committee determines necessary to I assist the committee; and Ordinance No. 2020-63 Establishing Municipal Court of Record Page S 3248556 (7) Establish local rules of the Court, as necessarx ' See.34-46. Vacancies. If a vacancy occurs in the office of a judge of the Municipal Court of Record the City Council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. The City Council may appoint one or more qualified persons to be available to serve for a iudge who is temporarily absent due to illness, family death, continuing legal or judicial education programs or anv other reason. The presiding judge shall select one of the qualified persons appointed by the City Council to serve during the absence of the absent judge. The substitute iudge, while serving as a iudge, has all the powers and shall discharge all the duties of a judge of the Municipal Court of Record. A substitute Judge must meet the qualifications prescribed under Section 34-44. The City Council shall set the compensation for the substitute judge. Sec. 34-47. Removal of Judge. A fudge may be removed from office at any time for the reasons stated and consistent with the City Charter and Section 30.000085 of the Texas Government Code, as amended, or for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office. ' willful violation of the Texas Code of Judicial Conduct or willful or persistent conduct that is clearly inconsistent with the proper performance of his/her duties or casts public discredit upon the judiciary or administration of justice. Secs. 34-48 — 34-59. — Reserved. DIVISION 3. — Municipal Court Clerks. Sec. 34-60. Municipal Court Clerk, Powers and Duties. a) The City Manager shall annoint a clerk of the Municipal Court of Record who shall be known as the "Municipal Court Clerk." The municipal court clerk may make recommendations for the hiring, direction and removal of the personnel authorized in the City's annual budget for the clerk's office, including court support personnel, as may be necessary or appropriate, in accordance with the ordinances, policies and procedures of the CijY and subiect to the final approval of the City Manager. The municinal court clerk or the clerk's deputies shall keep the records of the Municipal Court of Record, issue process and generally perform the duties for the court that a clerk of the county court at law exercising criminal jurisdiction is required by law to perform for that court. The clerk shall ' perform the duties in accordance with state law and City ordinances. Ordinance No. 2020-63 Establishing Municipal Court of Record Page 9 3248556 (c) The municipal court clerk shall further: (1) Prepare and maintain accurate dockets and minutes for each ' Municipal Court of Record created under this Chapter; (2) Maintain custody of all documents and papers relating to the business of the Municipal Court of Record; (3) Supervise the collection of fines, fees and costs imposed by the Municipal Court of Record; (4) Maintain complaints for all cases for which a complaint is required by law; (5) Supervise the selection of persons for iury service. Trial by iurv, including the summoning of jurors, must substantially conform to Chapter 45 of the Texas Code of Criminal Procedure, as amended. (6) Have all other powers and duties assigned to the municipal court clerk by City ordinance, Chapter 30 of the Texas Government Code, as amended, and the Constitution and laws of the State of Texas; (7) Be responsible for the full and proper accounting of all fines, fees I and costs collected, and issue a receipt to any person who pays a fine, fee or cost with cash; (8) Preserve the records of the Municipal Court of Record in accordance with all applicable records retention schedules; and 9) Acouire a seal in conformance with state law for the Municipal Court of Record. The appearance and use of the seal must substantially conform to Article 45.012 of the Texas Code of Criminal Procedure, as amended, but must also include the phrase "Municipal Court of/in Wylie, Texas". Secs. 34-61— 34-69. — Reserved. DIVISION 4. — Court Reporters. Sec. 34-70. Court Reporter; Position Created. The Citv Manager may appoint a court reporter to preserve a record in cases tried before the Municipal Court. The court reporter must meet the qualifications provided by law for official court reporters. The court reporter shall be compensated , by the municipality in the manner determined by the City Manager. The court reporter or court staff may use written notes, transcribing equipment, video or audio Ordinance No. 2020-63 Establishing Municipal Court of Record Page 10 3248556 ' recording equipment or a combination of those methods to record the proceedings of the court. The court reporter or court staff is not required to record testimony in any case unless the judge or one of the parties requires a record in writing and files the written request with the court before trial. 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, or as otherwise required by state law. The court reporter is not required to be present during proceedings of the Municipal Court of Record provided that proceedings which are required to be recorded are recorded by a good quality electronic recording device. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter. Secs. 34-71— 34-79. — Reserved. DIVISION 5. — Prosecution and Appeals. Sec. 34-80. Prosecution. Prosecutions in the municipal court of record shall be conducted by the Citv Attorney or his/her designee as provided in the City Charter and Article 45.201 of the Texas Code of Criminal Procedure, as amended. ' ' Sec. 34-81. Appeals. (a) In the event of an appeal, the apnellant shall nav a transcript preparation fee in the amount of $25. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on anneal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant. A defendant has the right of anneal from a iudgment or conviction in the Municipal Court of Record and the State has the right to appeal as provided by Article 44.01 of the Texas Code of Criminal Procedure, as amended. Such appeals shall be in accordance with and conform to Chapter 30 of the Texas Government Code, as amended. Secs. 34-82 — 34-99. — Reserved." SECTION 3. Amendment to Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Code of Ordinances. Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Code of ' Ordinances is hereby amended to read as follows: "XII. Municipal Court Fees Ordinance No. 2020-63 Establishing Municipal Court of Record Page 11 3248556 - S-\16T.ET.!!!'���L SECTION 4. Penal . Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5. Savings/RepealinQ. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if I occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7. Effective Date, Publication. This Ordinance shall become effective from and after January 1, 2021. The caption of this Ordinance shall be published as required by the City Charter and by law. [The remainder of this page intentionally left blank.] Ordinance No. 2020-63 Establishing Municipal Court of Record Page 12 3248556 ' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of December, 2020. ATTESTED AND CORRECTLY RI �kukAAAAJU Jaetuk Stephanie Storm, City Secretary Date of Publication: December 16, 2020 in the Wylie News Ordinance No. 2020-63 Establishing Municipal Court of Record Page 13 3248556 media She 3Tartners1iillr emirs • Murphy Monitor • The Princeton Herald • 7ZSachse News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice — Ordinance No. 2020-63 & Ordinance No. 2020-64 was published in said newspaper on the following date(s), to -wit: December 16, 2020 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 17th day of December, 2020, to certify which witness my hand and seal of office. RER] UGGANfifi4fi343n Expires 2024 MAI.if,:� My commission expires 08/12/2024. Nlurphy!Sach.clWylie Office • 110 N. Ballard • P.O Box 3fi9 • Wyhe. T;N 75098. 972-442-5515 • fax 972-1424318 Famier,,*iIIdPnnccian Office • I111 S Main • P.O. Box 512 • Fannersrille, TS 75442 • 972-784-6397 • fax 972-782-7023 p December 16-17, 2020 SC CITY OF WYLIE Ordinance g. No.2020-63 Ordinance An Ordinance of the No.2020-64 City Council of the City of Wylie, Texas, An Ordinance of the amending Wylie's City Council of the Code of Ordinances, City of Wylie, Texas, Ordinance No. 2005- amending Ordinance 07, as amended, Chap- Nos. 2020-24, 2020- ter 34 (Courts) and 25, 2020-26, 2020-29, Section XII (Municipal 2020-31, 2020-35, Court Fees) of Appen- 2020-38, 2020-41,• dix C (Wylie Compre- 2020-48, 2020-53, , hensive Fee Schedule); and 2020-62; continu- converting the existing ing and extending the City of Wylie Munici- Mayor's amended pal Court into a Munic- I Declaration of Lo-, ipal Court of Record in cal Disaster for Public accordance with Chap- Health Emergency due ter 30 of the Texas . to the novel Corona- ' Government Code; es-: virus (COVID-19); tablishing the jurisdic- I providing the consent tion of the Municipal of' the City Council Court of Record; mod- to the continuation of ifying certain provi- the Declaration until sions requiring assess- 11:59 p.m. on January nient and payment of 26, 2021; prescribing j Municipal Court Fees orders to help abate and costs in actor- the Public Health dance with applicable Emergency; providing law; modifying certain authority for the City provisions regarding Council to terminate and providing for the the Disaster Declara- appointment, quali- tion; and providing an fications, terns, salary enforcement clause, and powers and duties severability clause and of Municipal Court an effective date. Judges; providing for a Presiding Judge; pro--- 33-tt-1041i viding for the filling of vacancies and removal j of Judges; providing for a Court Reporter; i providing for pros- ecution and appeals; providing a savings/re- pealing clause, sever - ability clause, penalty clause and an effective date; and providing for the publication of the caption hereof.