HomeMy WebLinkAbout98-3155MUNICIPAL COURT - SECURITY FEE
ORDINANCE NO. 98-3155
AN ORDINANCE AMENDING THE CITY OF
PLAINVIEW CODE OF ORDINANCES,
CHAPTER 2, ARTICLE IX, SECTION 2-172
ENACTED BY ORDINANCE NO. 95-3005;
ESTABLISHING THE COLLECTION OF A
SECURITY FEE BY MUNICIPAL COURT;
CUMULATIVENESS CLAUSE; CONFLICTS
CLAUSE; SEVERABILITY CLAUSE; AND
EFFECTIVE DATE.
WHF~REAS, the Legislature of the State of Texas has provided that a municipality, by
ordinance, may authorize the collection of a security fee for the Municipal Court; and,
WHEREAS, the Plainview City Council finds it necessary to maintain appropriate security
for the Municipal Court; and,
WHEREAS, the Plainview City Council finds that a Municipal Court Security Fee will assist
in providing the required funds to facilitate appropriate security for the Municipal Court.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plainview,
Texas, that:
SECTION I
Sec. 2-172 Security Fee of the City of Plainview Code of Ordinances be amended as follows:
A defendant convicted of a misdemeanor offense in a municipal court shall be
required to pay a three ($3) dollar security fee as a cost of court.
2. For the purposes of this section, a person is considered convicted if.'
(a) a sentence is imposed on the person;
(b) the person receives community supervision, including deferred
adjudication; or,
(c) the court defers final disposition of the person's case.
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The clerk of the municipal court shall collect the costs and pay them to the
municipal treasurer, for deposit in a fund to be known as the Municipal Court
Building Security Fund. A fund designated by this subsection may be used
only to finance the items set forth in Article 102.017 of the Texas Code of
Criminal Procedures as amended.
The courthouse security fund shall be administered by or under the direction
of the governing body of the City of Plalnview, Texas.
SECTION H
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish
the applicability or enforcement of other ordinances restricting, regulating or governing the subject
matter herein.
SECTION~
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION IV
Should any section subsection, or any portion hereof be deemed invalid for any reason, such
holding shall not render or invalidate any other section, subsection, sentence, provision, clause,
phrase, or word severable therefrom and the same shall be deemed Severable for this purpose.
SECTION
This ordinance shall be of full force and effect upon its passage and publication as required
by law.
PASSED AND APPROVED this the /g> ~/~ day of ~~~
,1998.
McBeth, city secretary
APPROVED AS TO FORM:
Wally Hatch,//City Attorney
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