GENERAL PROVISIONS
State law reference–Authority of municipality to codify ordinances, V.T.C.A., Local Government Code, ch. 53.
State law reference–Local and interjurisdictional emergency management, V.T.C.A., Government Code, ch. 418.
State law reference–Municipal courts generally, V.T.C.A., Government Code, sec. 29.001 et seq.
There is hereby adopted the Code of Ordinances of the Village of Point Venture, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)
The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, Village of Point Venture, Texas,” and may be so cited. (Ordinance adopting Code)
The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted. (Ordinance adopting Code)
State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.
In the construction of this code and of all ordinances and resolutions passed by the village council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the village council:
Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.
Council. Whenever the term “council” or “village council” or “the council” is used, it shall mean the village council of the Village of Point Venture, Texas.
State law reference–References to municipal governing body and to members of municipal governing body, V.T.C.A., Local Government Code, sec. 21.002.
County. The term “county” or “this county” shall mean the County of Travis, Texas.
Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the village to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.
State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).
Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.
May. The word “may” is permissive.
State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.
Month. The word “month” shall mean a calendar month.
State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.
Must and shall. Each is mandatory.
State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016.
Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.
Official time standard. Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the village.
State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.
Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it.
Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals.
State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.
Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively.
State law reference–“Preceding” defined, V.T.C.A., Government Code, sec. 312.011.
Property. The word “property” shall mean and include real and personal property.
State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.
Real property. The term “real property” shall mean and include lands, tenements and hereditaments.
Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
Signature or subscription. A signature or subscription shall include a mark when a person cannot write.
State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.
State. The term “the state” or “this state” shall be construed to mean the State of Texas.
Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.
Tense. Words used in the past or present tense include the future, as well as the past and present.
State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).
Village, city and town. Each means the Village of Point Venture, Texas.
Village administrator, village manager, village secretary, chief of police or other village officers. The term “village administrator,” “village manager,” “village secretary,” “chief of police” or other village officer or department shall be construed to mean the village administrator, village manager, village secretary, chief of police or such other municipal officer or department, respectively, of the Village of Point Venture, Texas.
V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated.
Written or in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.
State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.
Year. The word “year” shall mean a calendar year.
State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.
(Ordinance adopting Code)
It is hereby declared to be the intention of the village council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the village council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)
State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.
The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting Code)
State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the village council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances. (Ordinance adopting Code)
(Ordinance adopting Code)
(Ordinance adopting Code)
State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for class C misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code, sec. 6.02.
The office of emergency management director of the village is hereby created and that office shall be held by the mayor in accordance with state law.
(Ordinance 2001-07-02, sec. 1, adopted 7/2/01)
The powers and duties of the emergency management director are:
(Ordinance 2001-07-02, sec. 2, adopted 7/2/01)
A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster. (Ordinance 2001-07-02, sec. 3, adopted 7/2/01)
The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the county in the formation of an interjurisdictional emergency management program for the county, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the village. (Ordinance 2001-07-02, sec. 4, adopted 7/2/01)
At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ordinance 2001-07-02, sec. 5, adopted 7/2/01)
This article is an exercise by the village of its governmental functions for the protection of the public peace, health, and safety and neither the village, the agents and representatives of the village, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out or complying with any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises for the purpose of sheltering a person or persons during an actual, impending, or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (Ordinance 2001-07-02, sec. 6, adopted 7/2/01)
No person shall have the right to expend any public funds of the village in carrying out any emergency management activity authorized by this article without prior approval of the village council, nor shall any person have any right to bind the village by contract, agreement, or otherwise without prior and specific approval of the village council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the village when deemed prudent and necessary for the protection of health, life, or property. (Ordinance 2001-07-02, sec. 7, adopted 7/2/01)
(Ordinance 2001-07-02, sec. 8, adopted 7/2/01; Ordinance adopting Code)
This article shall not be construed as to conflict with any state or federal statute or with any military or naval order, rule, or regulation. (Ordinance 2001-07-02, sec. 10, adopted 7/2/01)
State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art. 45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A., Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A., Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031.
State law reference–Authority of municipality to impose local sales and use tax, V.T.C.A., Tax Code, ch. 321.
This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the enforcement of the village’s ordinances. (Ordinance 2002-01-01, sec. 2, adopted 1/7/02)
The provisions of this article shall apply within the village’s corporate boundaries (i.e., city limits) as prescribed by state law. (Ordinance 2002-01-01, sec. 4, adopted 1/7/02)
The provisions of this article govern the creation, establishment, operation, and jurisdiction of the municipal court within the village, including the judges of the court. (Ordinance 2002-01-01, sec. 3(A), adopted 1/7/02)
There is hereby established one (1) municipal court within the village, with the designation of “Municipal Court of the Village of Point Venture.” (Ordinance 2002-01-01, sec. 3(B), adopted 1/7/02)
The municipal court has the jurisdiction provided by general law for municipal courts contained in section 29.003, Texas Government Code, and article 4.14, Texas Code of Criminal Procedure, including concurrent jurisdiction with justice courts as provided by section 29.003. The municipal court also has jurisdiction over cases arising within the village’s corporate boundaries (i.e., city limits) under ordinances authorized by law. (Ordinance 2002-01-01, sec. 3(C), adopted 1/7/02)
(Ordinance 2002-01-01, sec. 3(D), adopted 1/7/02)
State law references–Municipal court judges, V.T.C.A., Government Code, sec. 29.004 et seq.; term of municipal court judge, V.T.C.A., Government Code, sec. 29.005.
The judges of the municipal court may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the municipal court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the municipal court. (Ordinance 2002-01-01, sec. 3(E), adopted 1/7/02)
The Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of cases before the municipal court. The court may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with law. (Ordinance 2002-01-01, sec. 3(F), adopted 1/7/02)
State law reference–Procedures for processing cases within criminal jurisdiction of municipal court, Tex. Code Crim. Proc. ch. 45.
(Ordinance 2002-01-01, sec. 3(G), adopted 1/7/02)
State law reference–Municipal court clerk generally, V.T.C.A., Government Code, sec. 29.010.
For the purpose of recording the proceedings and preserving a record in all cases tried before the municipal court, minutes of the proceedings of court shall be kept. The court clerk, deputy clerk, or court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the municipal court. The court clerk, deputy clerk, or court reporter shall keep the record for a twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last. (Ordinance 2002-01-01, sec. 3(H), adopted 1/7/02)
(Ordinance 2002-01-01, sec. 3(I), adopted 1/7/02)
Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45 of the Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(J), adopted 1/7/02)
Prosecution in the municipal court shall be conducted as provided by article 45.201, Code of Criminal Procedure. All prosecutions in municipal court shall be conducted by the village attorney or by a deputy village attorney, as designated by the village attorney. (Ordinance 2002-01-01, sec. 3(K), adopted 1/7/02)
(Ordinance 2002-01-01, sec. 3(L), adopted 1/7/02)
State law reference–Municipal court juries, V.T.C.A., Government Code, sec. 62.501.
(Ordinance 2002-01-01, sec. 3(M), adopted 1/7/02)
State law reference–Appeal procedures, bond, etc., Tex. Code Crim. Proc. art. 45.042 et seq.
(Ordinance 2002-01-01, sec. 3(N), adopted 1/7/02)
A one percent sales and use tax was adopted by the voters of the village as a result of an election held on May 5, 2001. (Ordinance 2001-05-02 adopted 5/9/01; Ordinance adopting Code)
As authorized by the Texas Constitution, article VIII, section 1-b, and Texas Tax Code section 11.13, the village council hereby adopts a residence homestead exemption (for all homesteads) of ten percent (10%). (Ordinance 2017-06-02 adopted 6/28/17)
GENERAL PROVISIONS
State law reference–Authority of municipality to codify ordinances, V.T.C.A., Local Government Code, ch. 53.
State law reference–Local and interjurisdictional emergency management, V.T.C.A., Government Code, ch. 418.
State law reference–Municipal courts generally, V.T.C.A., Government Code, sec. 29.001 et seq.
There is hereby adopted the Code of Ordinances of the Village of Point Venture, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)
The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, Village of Point Venture, Texas,” and may be so cited. (Ordinance adopting Code)
The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted. (Ordinance adopting Code)
State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.
In the construction of this code and of all ordinances and resolutions passed by the village council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the village council:
Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.
Council. Whenever the term “council” or “village council” or “the council” is used, it shall mean the village council of the Village of Point Venture, Texas.
State law reference–References to municipal governing body and to members of municipal governing body, V.T.C.A., Local Government Code, sec. 21.002.
County. The term “county” or “this county” shall mean the County of Travis, Texas.
Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the village to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.
State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).
Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.
May. The word “may” is permissive.
State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.
Month. The word “month” shall mean a calendar month.
State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.
Must and shall. Each is mandatory.
State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016.
Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.
Official time standard. Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the village.
State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.
Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it.
Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals.
State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.
Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively.
State law reference–“Preceding” defined, V.T.C.A., Government Code, sec. 312.011.
Property. The word “property” shall mean and include real and personal property.
State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.
Real property. The term “real property” shall mean and include lands, tenements and hereditaments.
Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
Signature or subscription. A signature or subscription shall include a mark when a person cannot write.
State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.
State. The term “the state” or “this state” shall be construed to mean the State of Texas.
Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.
Tense. Words used in the past or present tense include the future, as well as the past and present.
State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).
Village, city and town. Each means the Village of Point Venture, Texas.
Village administrator, village manager, village secretary, chief of police or other village officers. The term “village administrator,” “village manager,” “village secretary,” “chief of police” or other village officer or department shall be construed to mean the village administrator, village manager, village secretary, chief of police or such other municipal officer or department, respectively, of the Village of Point Venture, Texas.
V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated.
Written or in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.
State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.
Year. The word “year” shall mean a calendar year.
State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.
(Ordinance adopting Code)
It is hereby declared to be the intention of the village council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the village council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)
State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.
The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting Code)
State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the village council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances. (Ordinance adopting Code)
(Ordinance adopting Code)
(Ordinance adopting Code)
State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for class C misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code, sec. 6.02.
The office of emergency management director of the village is hereby created and that office shall be held by the mayor in accordance with state law.
(Ordinance 2001-07-02, sec. 1, adopted 7/2/01)
The powers and duties of the emergency management director are:
(Ordinance 2001-07-02, sec. 2, adopted 7/2/01)
A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster. (Ordinance 2001-07-02, sec. 3, adopted 7/2/01)
The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the county in the formation of an interjurisdictional emergency management program for the county, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the village. (Ordinance 2001-07-02, sec. 4, adopted 7/2/01)
At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ordinance 2001-07-02, sec. 5, adopted 7/2/01)
This article is an exercise by the village of its governmental functions for the protection of the public peace, health, and safety and neither the village, the agents and representatives of the village, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out or complying with any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises for the purpose of sheltering a person or persons during an actual, impending, or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (Ordinance 2001-07-02, sec. 6, adopted 7/2/01)
No person shall have the right to expend any public funds of the village in carrying out any emergency management activity authorized by this article without prior approval of the village council, nor shall any person have any right to bind the village by contract, agreement, or otherwise without prior and specific approval of the village council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the village when deemed prudent and necessary for the protection of health, life, or property. (Ordinance 2001-07-02, sec. 7, adopted 7/2/01)
(Ordinance 2001-07-02, sec. 8, adopted 7/2/01; Ordinance adopting Code)
This article shall not be construed as to conflict with any state or federal statute or with any military or naval order, rule, or regulation. (Ordinance 2001-07-02, sec. 10, adopted 7/2/01)
State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art. 45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A., Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A., Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031.
State law reference–Authority of municipality to impose local sales and use tax, V.T.C.A., Tax Code, ch. 321.
This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the enforcement of the village’s ordinances. (Ordinance 2002-01-01, sec. 2, adopted 1/7/02)
The provisions of this article shall apply within the village’s corporate boundaries (i.e., city limits) as prescribed by state law. (Ordinance 2002-01-01, sec. 4, adopted 1/7/02)
The provisions of this article govern the creation, establishment, operation, and jurisdiction of the municipal court within the village, including the judges of the court. (Ordinance 2002-01-01, sec. 3(A), adopted 1/7/02)
There is hereby established one (1) municipal court within the village, with the designation of “Municipal Court of the Village of Point Venture.” (Ordinance 2002-01-01, sec. 3(B), adopted 1/7/02)
The municipal court has the jurisdiction provided by general law for municipal courts contained in section 29.003, Texas Government Code, and article 4.14, Texas Code of Criminal Procedure, including concurrent jurisdiction with justice courts as provided by section 29.003. The municipal court also has jurisdiction over cases arising within the village’s corporate boundaries (i.e., city limits) under ordinances authorized by law. (Ordinance 2002-01-01, sec. 3(C), adopted 1/7/02)
(Ordinance 2002-01-01, sec. 3(D), adopted 1/7/02)
State law references–Municipal court judges, V.T.C.A., Government Code, sec. 29.004 et seq.; term of municipal court judge, V.T.C.A., Government Code, sec. 29.005.
The judges of the municipal court may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the municipal court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the municipal court. (Ordinance 2002-01-01, sec. 3(E), adopted 1/7/02)
The Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of cases before the municipal court. The court may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with law. (Ordinance 2002-01-01, sec. 3(F), adopted 1/7/02)
State law reference–Procedures for processing cases within criminal jurisdiction of municipal court, Tex. Code Crim. Proc. ch. 45.
(Ordinance 2002-01-01, sec. 3(G), adopted 1/7/02)
State law reference–Municipal court clerk generally, V.T.C.A., Government Code, sec. 29.010.
For the purpose of recording the proceedings and preserving a record in all cases tried before the municipal court, minutes of the proceedings of court shall be kept. The court clerk, deputy clerk, or court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the municipal court. The court clerk, deputy clerk, or court reporter shall keep the record for a twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last. (Ordinance 2002-01-01, sec. 3(H), adopted 1/7/02)
(Ordinance 2002-01-01, sec. 3(I), adopted 1/7/02)
Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45 of the Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(J), adopted 1/7/02)
Prosecution in the municipal court shall be conducted as provided by article 45.201, Code of Criminal Procedure. All prosecutions in municipal court shall be conducted by the village attorney or by a deputy village attorney, as designated by the village attorney. (Ordinance 2002-01-01, sec. 3(K), adopted 1/7/02)
(Ordinance 2002-01-01, sec. 3(L), adopted 1/7/02)
State law reference–Municipal court juries, V.T.C.A., Government Code, sec. 62.501.
(Ordinance 2002-01-01, sec. 3(M), adopted 1/7/02)
State law reference–Appeal procedures, bond, etc., Tex. Code Crim. Proc. art. 45.042 et seq.
(Ordinance 2002-01-01, sec. 3(N), adopted 1/7/02)
A one percent sales and use tax was adopted by the voters of the village as a result of an election held on May 5, 2001. (Ordinance 2001-05-02 adopted 5/9/01; Ordinance adopting Code)
As authorized by the Texas Constitution, article VIII, section 1-b, and Texas Tax Code section 11.13, the village council hereby adopts a residence homestead exemption (for all homesteads) of ten percent (10%). (Ordinance 2017-06-02 adopted 6/28/17)