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HomeMy WebLinkAbout1184 08-22-1995ORDINANCE NO. 1184 AN ORDINANCE AMENDING DIVISION 2 "MUNICIPAL COURT" OF ARTICLE III "OFFICERS AND EMPLOYEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 2 -137 "MUNICIPAL COURT BUILDING SECURITY FEE ": PROVIDING FOR IMPOSITION OF A $3.00 SECURITY FEE AS A COST OF COURT; CREATING A MUNICIPAL COURT BUILDING SECURITY FUND; SPECIFYING PERMITTED USES FOR SAID MUNICIPAL COURT BUILDING SECURITY FUND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature has authorized municipalities to impose a $3.00 fee upon persons convicted in municipal court, said fee to be used only for municipal court building security purposes; and WHEREAS, it is the desire of the Euless City Council to impose said fee by this Ordinance, in order to provide additional municipal court security services through the use of'said fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That Division 2 "Municipal Court: of Article III "Officers and Employees" of Chapter 2 "ADMINISTRATION" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended by the addition thereto of a new section 2 -137 "Municipal Court Building Security Fee ", which new Section shall hereafter be and read as follows: SECTION 2 -137 "Municipal Court Building Security Fee" (a) There is hereby imposed, as a cost of court, a security fee of $ 3.00 per conviction in the Euless Municipal Court of Record. (b) For the purposes of this Section, a person is considered convicted if: (1) A fine is imposed on the person; ORDINANCE NO. 1184 (2) The person receives community supervision, including deferred adjudication; or (3) The Court defers final disposition of the person's case. (c) There is hereby created a fund to be known as the Municipal Court Building Security Fund. All security fees collected under this Section shall be deposited into said Municipal Court Building Security Fund. This Fund may be used only to finance the following items when used for the purpose of providing security services for buildings housing the Euless Municipal Court: (1) The purchase or repair of x -ray machines and conveying systems; (2) Handheld metal detectors; (3) Walkthrough metal detectors; (4) Identification cards and systems; (5) Electronic locking and surveillance equipment; (6) Bailiffs, deputies or contract security personnel during times when they are providing appropriate security services; or (7) Locks, chains or other security hardware. (d) The Municipal Court Building Security Fund shall be administered under the direction of the City Council. II. fiver ility-"I use. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City ORDINANCE NO. 1184 Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ill. Sa iy n_p,Clause. That Chapter 2 of' the Code of' Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. E_flvcive Date This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the Euless City Council on the 22nd day of August, 1995, by a vote of 6 ayes, 0 nays, and 0 abstentions. ATTEST: Susan Crim, C, City Secretary APPROVED AS TO FORM: APPROVED: Mary Lib Sale ft", Mayor Bob McFarland, City ORDINANCE NO. 1184