HomeMy WebLinkAbout1808 04-08-2008ORDINANCE NO. 1808
AN ORDINANCE AMENDING CHAPTER 2
"ADMINISTRATION" OF THE CODE OF ORDINANCES
OF THE CITY OF EULESS, TEXAS, AS AMENDED;
ADDING A NEW SECTION 2 -141 "CLERK'S RECORD
PREPARATION FEE "; ESTABLISHING A $25 FEE FOR
PREPARATION OF THE CLERK'S RECORD IN APPEALS
FROM THE EULESS MUNICIPAL COURT OF RECORD;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Texas Legislature recently passed legislation requiring cities
with Municipal Courts of Record to enact an ordinance imposing a $25 fee for
preparation of the Clerk's Record in an appeal from that Court; and
WHEREAS, the City of Euless, by enactment of the following ordinance, will be
in compliance with State law; and
WHEREAS, the City of Euless desires and intends hereby to protect the health,
safety and general welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT a new Section 2 -141, entitled "Clerk's Record Preparation Fee" be added
to Chapter 2 of the City of Euless Code of Ordinances to hereafter be and read as
follows:
Sec. 2 -141 Clerk's Record Preparation Fee.
A defendant who desires to appeal from a judgment or order of the Euless
Municipal Court of Record shall pay a fee of $25.00 for the preparation of the
Clerk's Record in the appeal. This fee does not include the fee for an actual
transcription of the proceedings. The clerk shall note the payment of the fee on
the docket of the Court. If the case is reversed on appeal, the fee shall be
refunded.
SECTION 2
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council of the City of Euless 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 or sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3
SAVING 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.
SECTION 4
EFFECTIVE 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 8th day of April, 2008, by a vote of 6 ayes,
0 nays, and 0 abstentions.
APPROVED:
Mary Lib aleh, Mayor
ATTEST:
4�usan Cri TRMC, City Secretary
APPROVED AS TO FORM:
Bob McFarland, City Attorney
Ordinance No. 1808, Page 2 of 2