HomeMy WebLinkAboutOrdinance 17379-01-2007ORDINANCE NO 17379-01 2007
AN ORDINANCE AMENDING CHAPTER TEN `COURTS OF
THE CODE OF THE CITY OF FORT WORTH, BY AMENDING
ARTICLE I `IN GENERAL BY ADDING A NEW SECTION 10-10
`FEE FOR RECORD ON APPEAL THAT ALLOWS FOR THE
CHARGING OF A TWENTY FIVE DOLLAR FEE FOR THE
PREPARATION OF A CLERK'S RECORD FOLLOWING A
TRIAL IN MUNICIPAL COURT PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE PROVIDING A SEVERABILITY
CLAUSE PROVIDING A PENALTY CLAUSE, PROVIDING A
SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas Government Code Chapter 30 `Uniformed Municipal Courts
Record Act" applies to the City of Fort Worth, and
WHEREAS, Texas Government Code .Section. 30 00014(f) requires a
mumcipahty to by ordinance, establish a fee for the preparation of the clerk's record m
the amount of $25 and that the fee does not include the fee for the actual transcription of
the proceedings, and
WHEREAS, the current City Code of Fort Worth does not establish a fee for the
preparation of the clerk's record m the amount of $25 as is required by the Texas
Government Code Section 30 00014(f) and
WHEREAS, rt is advisable to establish a fee for the preparation of the clerk's
record m the amount of $25 as required by the Texas Government Coile• and
WHEREAS, it is the intent of the following regulations to estabhsh a fee for the
preparation of the clerk's record in the amount of $25 that does not include the fee for the
actual transcnption of the proceedings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1.
Article I `In General of Chapter 10 `Courts" of the Code of the Crty of Fort
Worth, is hereby amended to add a new section, Section 10-10 `Fee for Record on
Appeal to read as follows.
Section 10-10 Fee for Record on Appeal.
There rs hereby established a clerk's record preparation fee m the amount
of $25.00 pursuant to Section 30 00014(f) of the Texas Government Code,
as amended. This fee does not include the fee the defendant shall pay for
the actual transcript of the proceedings. The clerk shall note the payment
of the fee on the docket of the court. In the event that the case is reversed
on appeal, the fee shall be refunded to the defendant.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are m direct conflict with the provisions of such ordinances and such
Code, m 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 Crty 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 unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,.
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
All rights and remedies of the Crty of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the Code of Fort Worth which have accrued at
the time of the effective date of this ordinance and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending m court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 5.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
By~ r/~,,._ ~---
Assistant City Attorney
ADOPTED January 23, 2007
EFFECTIVE
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 1/23/2007 Ordinance No 17379-01 2007
DATE Tuesday January 23 2007
LOG NAME 38SECTION 10-10
REFERENCE NO G 15595
SUBJECT
Adopt Ordinance Creating City Code Section 10-10 to Allow for the Charging of a $25 Fee for the
Creation of a Clerk's Record Created for an Appeal from a Conviction in Municipal Court
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance creating Section 10-10 of the City
Code to authorize the Fort Worth City Court Clerk to charge a $25 fee for the creation of the clerk's record
on appeal pursuant to Section 30 00014(f) of the Texas Government Code
DISCUSSION
Texas Government Code Section 30 00014(f) authorizes a City to enact an ordinance to charge $25 for the
preparation of a clerk's record on appeal from a conviction in Municipal Court; however the City does not
have an ordinance in place authorizing the collection of this fee Therefore the City may not charge the fee
for the preparation of the record Once the ordinance is in place the City can require the payment of the
fee for preparing the clerk's record on appeal from the Municipal Court.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Karen Montgomery (6222)
Originating Department Head Elsa Paniagua (6711)
Additional Information Contact: Nathan Barrow (2316)
Logname 38SECTION 10-10
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