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87-050 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 15 1/2 OF SAID CODE ORDINANCE N0. 87-050 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING CHAPTER 152 OF SAID CODE; REVISING THE STRUCTURE OF THE JUDICIAL DEPARTMENT OF THE CITY OF PARIS; REPEALING ALL URDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER l, 1987. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Chapter 152 of the Code of Ordi- nances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "ARTICLE I. IN GENERAL. Sec. 152-1. Department created. There is hereby created in accordance with section 25 of the Charter of the City of Paris the Judicial Department. The administrative head of the Judicial Department shall be the City Attorney. Sec. 152-2. Purpose. The purpose of the Judicial Department shall be to house the judicial branch of the City of Paris and to conduct the business of the Municipal Court. Sec. 152-3. Municipal Judges. The Municipal Judges shall be appointed in accordance with section 27 of the Charter of the City of Paris at such salary as may be fixed by the City Council. The Municipal Judge shall preside over the Municipal Court of the City of Paris with the power and authority to establish Municipal Court rules as permitted by the laws of the State of Texas. Sec. 152-4. Municipal Court Prosecutor. The City Attorney shall act as Municipal Court Prosecutor or shall have the power to appoint a Municipal Court Prosecutor, subject to the approval of the City Council, at such compen- sation as may be fixed by the City Council. Sec. 152-5. Municipal Court Clerk. The City Manager shall appoint a Municipal Court Clerk who shall be recommended by the City Attorney and the senior Municipal Judge. Secs. 152-6-10. RESERVED. ARTICLE II. MUNICIPAL COURT. Sec. 152-11. Hierarchial governance. Sec. 152-12. Local Rules. RESERVED B. The municipal court clerk shall receive the fees imposed above for services performed by peace officers employed by the state and shall forward the fees to the comptroller of public accounts quarterly in the manner directed by the comptroller." Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 3. This ordinance shall become effective on October 1, 1987. Passed and adopted this 14th day of September, 1987. Bi 11 y /Burnett, Mayor ATTEST: Mattie Cunningham, Cit C erk APPROVED AS TO FORM: T. . Haynes, City Attorney Sec. 152-13. Jurisdictional limits. Sec. 152-14. Fines and special expenses. A. The municipal court is authorized and empowered to enforce by execution on the property of the defendant, or imprisonment of the defen- dant, the collection of all fines imposed by the court, not inconsistent with the laws of the State of Texas. All such fines and the following special expenses and fees which are hereby estab- lished as follows: 1. a special expense, not to exceed $25.00 for the issuance and service of a warrant of arrest for an offense under Section 38.11 of the Penal Code (failure to appear), or Section 149, Uriiform Act Regulating Traffic on Highways, Article 6701d, Vernon's Texas Civil Statutes (violation of promise to appear); 2. the special expenses described in Article 17.04, Code of Criminal Procedure (requisites of a personal bond), and special expenses for the issuance and service of a warrant of arrest, after due notice, not to exceed $25.00; 3. a special expense for service performed in cases in which the laws of the State of Texas requiring that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense, being Subsection (a), Section 143A, Uniform Act Regulating Traffic on Highways, Article 6701d, Vernon's Texas Civil Statutes, (permitting the taking of a defensive driving course to bring about dismissal of such action), such special expense shall not exceed the actual expenses incurred for the service or $10.00, whichever is less; 4. and the following fees for services performed in the case by a peace officer: (a) $3.00 for executing an arrest warrant or capias for a Class "C" Misdemeanor, or for making an arrest without a warrant for a Class "C" Misdemeanor, (b) $1.00 for summoning a witness, (c) $2.00 for serving a writ not otherwise listed in Article 4 of the Code of Criminal Procedure, (d) $2.00 for taking and approving a bond, (e) $2.00 for a commitment or release, (f) $2.00 for summoning a jury; shall be paid into the city treasure for the use and benefit of the city or as the laws of the 5tate of Texas direct. For purposes of this Article, the term "arrest" includes the issuance by a peace officer of a written notice to appear in court, following the defendant's alleged violation of a traffic law or municipal ordinance.