HomeMy WebLinkAboutOrdinance 9017TF. '7 .~
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ORDINANCE N0. 9D/ ~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS (1964), BY ADDING SECTION 12-12, PARAGRAPH
(d) TO INCREASE THE SPECIAL EXPENSES COLLECTED BY
THE CITY FOR THE ISSUANCE AND SERVICE OF ARREST
WARRANTS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA-
TIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING AN EFFECTIVE
DATE, AND PROVIDING CERTAIN TRANSITIONAL PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS•
SECTION 1
That Chapter 12, "Courts.," of the Code of the City of Fort
Worth, Texas (1964), as amended, be amended by adding Section
12-12, Paragraph (d), thereof to read as follows:
"(d) The court costs which may be assessed under
this section shall include but are not limited to
a special expense of $25 for the issuance and service
of a warrant of arrest for an offense under Tex. Penal
Code inn. X38.11, or under Tex.Rev.Civ.Stat.Ann.art.
6'lOld, X149; and the special expenses described in
Tex.Code Crim.Proc.Ann.art.17.04, dealing with the
requisites of a personal bond and a special expense
for the issuance and service of a warrant of arrest,
after due notice, of $25."
SECTION 2.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas
(1964), as amended, except where the provisions of this ordinance
are in direct conflict with the provisions of such ordinances
and sucri Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
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
unconstitutional by the valid. judgment or decree of any court
of competent jurisdiction, such unconstituionality shall not
affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, since the. same would
have been enacted by the City Council without the incorporation
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in this ordinance of any such unconstitional phrase, clause,
sentence, paragraph or section.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and effective date in the minutes and by filing the
ordinance in the ordinance records of the City.
SECTION 5.
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so
ordained.
SECTION 6.
(a) The changes made by this ordinance apply only to the
collection of a special expense after release following arrest
for an offense committed on or after the effective date hereof.
For purposes of this ordinance, an offense is committed before
the effective date of this ordinance if any element of the offense
occurs before the effective date.
(b) The collection of a special expense after release
following arrest for an offense committed before the effective
date of this ordinance is covered by the law and ordinances
in effect when the offense was committed, and the former law
and ordinances are in effect for this purpose.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : ~ _ ~ ~ g ~
ADOPTED: ~ ~~
EFFECTIVE . ~ ~ ~ ~ ' 0'~ -
MAS.fER FILE 1 ,~. , ~ t:.i' ~?,~,rLf7 ®~ ll ~1/~f(.. ~~®d ~~, ~~~'L~L~Y
Ci'( MANAGER 1 -t1 /' ,~1 (,~~"O ~')-~j ~ n /~/
ACCOUNTING 2 ~~ ®~ ~~LL.II~ ~/®~~cC~~ ~/®~!/U IVWV~~~~I.W~~®~~
TRAnSPORTATIdN~PUBLIC WORK3o6
DAT REFERENCE SUBJECT Increase Of Special Expenses for PAGE
MUNICIPAL OURT A~MIN•1 NUMBER
6~~$ ** Issuance and Service of Arrest Warrants
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PROSECUTIN A'~' E
CHIEF JUDG'•1~
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Background
The last--~se~ssion of the Texas Legislature adopted S B No 1034 which authorizes
cities~'-Yncrease to $25 the special expenses which are charged for issuing
and serving arrest warrants The prior law authorized a charge of $7 50 and
had been in effect since 1965 The costs of issuing and serving arrest warrants
have increased substantially since 1965
Recommendation
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It is recommended that the City Council adopt the attached ordinance establishing
a fee of $25 for .special expenses for the issuance and service of arrest warrants
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Attachment
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APPROVED BY
CITY COUNCIL
/~ ,~J/AN 17 X984
City Secretnip o:.he
City of Fort; Wp~i, egg
SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S . /
f1FFICE BY (/1/ ,~ '~ APPROVED
ORIGINATING - OTHER (DESCRIBE)
DEPARTMENT HEAD• Dianna H(~einer tl ~l1 CITY SECRETARY
FOR ADDITIONAL INFORMATIQN J_l 1 ~~ ,~ ~v D~ PATE
CONTACT Dianna Heiner Xt