§ 26. Municipal court—Created; jurisdiction; judge; clerk.  


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  • There is hereby created and established a court to be known as the municipal court of the City of Irving which court shall have jurisdiction within the territorial limits of said city of all criminal cases arising under the ordinances of such city, and over violations occurring within areas over which the city exercises control pursuant to an agreement as authorized by Chapter 791 Texas Government Code as amended or as may be amended hereinafter, and shall have jurisdiction over such other matters as designated by the laws of the State of Texas. Said court shall have jurisdiction over all matters consistent with the laws of the State of Texas, and the ordinances of the City of Irving. It shall also have jurisdiction of violations of ordinances of the city enacted for the preservation of its water system, watersheds of the city's water supply and the purity of the water supply, its sewer disposal plant and its garbage dumping grounds, whether such offenses are committed inside or outside of the corporate limits of the City of Irving, and the commission of any nuisance within five thousand (5,000) feet of the corporate lines of the city, outside of the city limits.

    (a)

    The judge of said court shall be known as the Judge of the Municipal Court and may be designated as recorder, and the judge's salary may be fixed by ordinance.

    (b)

    The judge of said municipal court, regardless of what his title may be, shall have all powers provided for by the constitution, criminal statutes, the Code of Criminal Procedure, Family Code, and other laws of the State of Texas, as well as those powers and duties provided for the Charter and ordinance of the City of Irving. Said judge shall further have the power to punish for contempt to the same extent and under the same circumstances as the justices of the peace may punish for contempt of criminal cases.

    (c)

    The judge of said court shall be a qualified voter of the city, shall be appointed by the city council and shall hold office at the pleasure of the city council.

    (d)

    The clerk of said court and the deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally do and perform any and all acts usual and necessary by clerks of courts in issuing process of said courts and conducting the business thereof.

    (e)

    The city council of the City of Irving shall have the power to create and establish additional municipal courts by ordinance, and to appoint more than one judge of each municipal court, whether one or more, each of whom shall be a magistrate, and each judge of a municipal court, now existing or hereafter created, shall be appointed by and serve at the pleasure of the city council.

    (f)

    The city council of the City of Irving shall have the power to appoint an additional person or persons meeting the qualification for such position to sit for the regular municipal judge or judges while the regular judge or judges may temporarily be absent or unable to act for any reason. The said appointee or appointees shall have all the powers and duties of the office and shall receive the compensation set by the city council. Said appointee or appointees shall serve only during the absence of the regular judge or judges of the municipal court.

(Ord. No. 889; Ord. No. 4754, § 6, 8-15-85; Ord. No. 7196, Amd. 7, 1-22-98; Ord. No. 8575, Amd. 7, 11-8-05; Ord. No. 2013-9464, Amds. 2, 6, 5-22-13)