00-26 - O0L 774 004 1 5 2000-- 0112961
CITY OF PROSPER, TEXAS ORDINANCE NO. 00-26
AN ORDINANCE ESTABLISHING A MUNICIPAL COURT IN THE TOWN OF PROSPER,
TEXAS; REPEALING PROSPER ORDINANCE NO. 84-9; PROVIDING FOR SAVING,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and
determined that it will be advantageous and beneficial to the Town of Prosper, Texas ("Prosper") and its inhabitants
to adopt an ordinance establishing a municipal court in Prosper as set forth below; and
WHEREAS, the Town Council has further investigated and determined that it will be advantageous and
beneficial to Prosper and its inhabitants to repeal Prosper Ordinance No. 84-9.
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF PROSPER,
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: Establishment of Municipal Court. The Town Council shall establish and cause to be
maintained a Municipal Court. The Municipal Court shall have all the powers and duties as are now, or as may be,
prescribed by the laws of the State of Texas.
SECTION 3: Appointment of Municipal Judge(s)/Term/Termination/Comyensation. The Town Council
shall appoint, by majority vote of its full membership, such Municipal Judge(s) of the Municipal Court as may be
necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least two (2) years
in the State of Texas. In the event a duly qualified attorney is not available, the Town Council shall then select a
qualified person to be the Municipal Judge. The Municipal Judge(s) of the Municipal Court shall be appointed to a
term of two (2) years and may be appointed to additional consecutive terms upon completion of his/her/their term(s)
of office. The appointment of the Municipal Judge(s) may be terminated, without cause, at any time by a majority
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4W vote of the full membership of the Town Council. The Municipal Judge(s) shall receive compensation as may be
determined by the Town Council.
SECTION 4: Failure to Perform DutiesNacancY. In the event of failure of any Municipal Judge to perform
his/her duties, the Mayor shall act in his/her place and stead (and in the event of a vacancy, until a Municipal Judge
is appointed by the Town Council to fill the vacancy). If the Mayor acts as Municipal Judge, he/she shall be
compensated at the same salary, if any, as the Municipal Judge for whom he/she is acting.
SECTION 5: Clerk and Deputy Clerks. The Clerk and Deputy Clerks of the Municipal Court(s) shall have
the power to administer oaths, certify affidavits, make certificates, issue process, affix the seal of the Municipal
Court, and perform all usual and necessary clerical acts in conducting the business of the Municipal Court, including
but not limited to, the keeping of records and accounts of the Municipal Court.
SECTION 6: Deposit of Special Expenses and Fines. All special expenses and fines imposed by the
Municipal Court shall be paid into the Town Treasury for the use and benefit of the Prosper, as may be consistent
with present and future laws.
SECTION 7: Savings/Repealing Clause. 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 occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8: 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. Prosper 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 9: Effective Date. This Ordinance shall be effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, on this _aday of (')('� _ tQhP)_ 2000.
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04774 00411
JIM DUNMIRE, Mayor Pro Tern
ATTESTED AND CORRECTLY
RECORDED:
JEWFER FINLEY,
Town Secretary
MUNICIPAL COURT ORDINANCE - Page 3aeA:\,xnbox4\prosperbrdinanm\municipalcrtord/October 6, 2000 (3:58PM)
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