HomeMy WebLinkAboutORD 98-35 - Municipal Court FeeOrdinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS,
AMENDING CITY OF GEORGETOWN CODE OF ORDINANCES, RELATING TO THE
CREATION OF A MUNICIPAL COURT BUILDING SECURITY ACCOUNT; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, The 74th Legislature of the State of Texas, meeting in Regular Session, passed
Senate Bill 349, which amended Article 102.017 of the Code of Criminal Procedure to provide for
(I) the establishment of a Municipal Court Building Security Account and (ii) the assessment and
collection of a Municipal Court Building Security Fee;
WHEREAS, Senate Bill 349 took effect on or about September 1, 1995; and
WHEREAS, The City of Georgetown, Texas, wishes to establish a "Municipal Court
Building Security Account" and the imposition of a Municipal Court Building Security Fee to pay
for the services of a bailiff and/or security equipment for use during court sessions and/or any other
related court meetings; and
WHEREAS, The City Council of the City of Georgetown, Texas, wishes to increase court costs of
a misdemeanor offense by $3.00 and establishing an effective date of August 1, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
SECTION 1
The facts and recitations contained in the preamble of this ordinance are hereby found and declared
to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as
if copied verbatim. The City Council hereby finds that this ordinance implements the following
policy of the Century Plan - Policy Plan Element:
1. Facilities & Services Focus End 4.8, which states: "Georgetown is effective
at resolving issues related to crime, disorder and fear of crime," and
2. Finance Policy End 5.0, which states: "All municipal operations are
conducted in an efficient business -like manner and su,'icic:it financial resources for
both short-term and long-term needs are provided",
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Adi
mnistrative Chapter of the Policy Plan.
P:ANIUNCOUR'F\COUNCIL\SECFEE\ORDINANC.WPD
June 9. 1998
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Page I
SI�C:1'1(:)N 2
a) As authorized by Article 102.017 of the Texas Code of Criminal Procedure, there is hereby
created a municipal court building security account. Each defendant convicted of a misdemeanor
offense in the municipal court shall pay a three dollar security fee as a court cost, which fee shall be
deposited in the city treasury to the credit of the account. A person is considered "convicted" for
purposes of this court cost fee under any of the circumstances provided in Article 102.017 (c).
b) The account created in subsection (a) shall be administered under the direction of the City
Council and may only be used to finance security equipment and services for buildings that house
a municipal court as more particularly provided by Article 102.017 (d) of the Texas Code of
Criminal Procedure.
c) The Municipal Court clerks are hereby authorized and required to collect the fee and to
pay same to the treasury of the City of Georgetown, Texas, and shall be deposited in a account to
be known as the municipal court building security account.
SECTION 3
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application
of same to any person or set of circumstances is for any reason held to be unconstitutional, void or
invalid, the validity of the remaining portions of this Ordinance or their application to other persons
or sets of circumstances shall not be affected thereby, it being the intent of the City Council in
adopting this Ordinance that no portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other
portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose.
SECTION 4
The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This
ordinance shall become effective
and be in
full force and
effect
in (10)
ten days on and after
publication in accordance with the
provisions
of the Charter
of the
City
of
Georgetown.
PASSED AND APPROVED on First Reading on the 9th day of June, 1998.
PASSED AND APPROVED on Second 1�"cJding on the 23rd day of .lL111C. 1998.
ATTEST:
>1&.
Sandra D. Lee
City Secretary
OVED AS TO FORM:
Marianne Landers Banks
City Attorney
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P:A NCOURT�COUNCIL.ASECEEE\ORDINANC.W1'D
T,.„n 0 t OOR
THE CITY OF GEORGEWN:
By:tLeo Wood
Mayor