HomeMy WebLinkAboutOrdinance No. 899 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS AMENDING CHAPTER 2 ("ADMINISTRATIONn)
BY ADDING A NEW SECTION 2-19 CREATING A
MUNICIPAL COURT BUILDING SECURITY FUND;
IMPOSING A $3.00 SECURITY FEE AS A COST OF
COURT TO BE PAID BY A DEFENDANT CONVICTED IN
THE MUNICIPAL COURT AND DEPOSITED INTO THE
SAID FUND; PROVIDING THAT THE FUND IS TO BE
EXPENDED IN ACCORDANCE WITH THE PURPOSES
SET FORTH HEREIN; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, article 102.017, Texas Code of Criminal Procedure, provides that the
City Council of the City of The Colony, Texas (the "City") may, be ordinance, create a
municipal court building security fund and may require a defendant convicted in a trial
for a misdemeanor offense in the municipal court to pay a $3.00 security fee as a cost of
court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. Amendment. Chapter 2 ("Administration") of the Code of
Ordinances of the City of The Colony, Texas is hereby amended in the following
particulars, and all other chapters, sections, subsections, paragraphs, sentences, phrases
and words of thc Code are not amended by this Ordinance but are hereby ratified and
affirmed:
A new Section 2-19 is hereby added to Article 1 of Chapter 2 to read as follows:
"SECTION 2-19 BUILDING SECURITY FUND
A. CREATION
The Municipal Court Building Security Fund (referred to in this Section as
the "Fund") is hereby created. All monies deposited into the Fund shall be
expended in accordance with this Section.
ORDINANCE NO.
CREATE SECllON 2-19 1
COURT BUILDING SECURrI~ FUND
B. IMPOSITION OF SECURITY FEE
Any defendant convicted in the Municipal Court shall be charged and shall
pay as a cost of court, in addition to all other costs of court, a $3.00
security fee. For purposes of this Section, a defendant is considered
convicted if:
1. A sentence is imposed on the defendant;
2. The defendant receives community supervision, including deferred
adjudication; or
3. The court defers final disposition of the defendant's case.
C. DEPOSIT OF FEE INTO THE FUND; FUND ADMINISTRATION;
USE OF FEE
The Municipal Court Clerk shall collect the security fee, pay the fee to the
Finance Director, and the fee shall be deposited by the Finance Director
into the Fund. The Fund shall be administered under the direction of the
City Council. The Fund may be used to finance the following when used
for the purpose of providing security services for the 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, deputy sheriffs, deputy constables, or contract security
personnel during times when they are providing appropriate security
services;
7. signage;
8. confiscated weapon inventory and tracking systems; or
9. locks, chains, or other security hardware."
ORDINANCE NO.
CREATE SECTION 2-19 2
COURT BUILDING SECURITY FUND
Section 2. Severability_. The sections, paragraphs, sentences, phrases, clauses
and words of this Ordinance are severable, and if any section, paragraph, sentence,
phrase, clause or word in this Ordinance or application thereof to any person or
circumstance is held invalid or unconstitutional by a Court of competent jurisdiction,
such holding shall not affect the validity of the remaining portions of this Ordinance, and
the City Council hereby declares that it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining portions shall remain in full force
and effect.
Section 3. Savings. This Ordinance shall be cumulative of all other ordinances
of the City affecting the City's Municipal Court and shall not repeal any of the provisions
of those ordinances except in those instances where the provisions of those Ordinances
are in direct conflict with the provisions of this Ordinance.
Section 4. ~. This Ordinance shall become effective from and
after its date of passage as provided by law.
PASSEl) AND APPROVED by _the City Council of the City of The Colony, Texas
this the ,/o0%~ day of ~ (j.~'z-~-~t~-~-~*--~ ,1995.
J~n C. Dillard, Mayor Pro- e
ATFEST:
Patti A. Hicks, TRMC, City Secretary
[SEAL]
APPROVED AS TO FORM:
City Attorney
ORDINANCE NO.
CREATE SEC~rlON 2-19
COURT BUILDING SECURITY FUND 3