HomeMy WebLinkAboutOrdinance 12204ORDINANCE NO. D
AN ORDINANCE ADDING A NEW SECTION 10-8 TO THE CODE OF THE
CITY OF FORT WORTH (1986), AS AMENDED, TO CREATE A
MUNICIPAL COURT BUILDING SECURITY FUND AND REQUIRE A
DEFENDANT CONVICTED IN A TRIAL FOR A MISDEMEANOR OFFENSE
IN A MUNICIPAL COURT TO PAY A $3 SECURITY FEE AS A COST
OF COURT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF OTHER CITY ORDINANCES AND REPEALING
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Chapter 10, "Courts", of the Code of the City of Fort
Worth (1986), as amended, is hereby amended to add a new Section
10-8 to read as follows:
"Sec. 10-8. Municipal court building security fund; security
fee to be collected as a cost of court.
(a) There is hereby created a municipal court building
security fund.
(b) A defendant convicted in a trial for a misdemeanor
offense in municipal court shall pay a $3 security fee as
a cost of court.
(c) For purposes of this section, a person is considered
convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjuciation; or
(3) the court defers final disposition of the person's
case.
(d) The court clerk shall collect the security fee costs and
pay them to the city treasurer, for deposit in the
municipal court building security fund.
(e) The municipal court building security fund may be used
only to finance the following items when used for the
purpose of providing security services for buildings
housing a 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.
(f) The municipal court building security fund shall be
administered by the City Manager under the direction of
the City Council."
SECTION 2.
This ordinance shall be cumulative of ail 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 in
direct conflict with the provisions of such ordinances and such
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 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 in this ordinance of
-2-
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4.
Failure or refusal to pay the security fee costs of court as
provided for in this ordinance may result in enforced collection by
execution against the property of the defendant, or imprisonment of
the defendant, in accordance with Articles 45.06 and 102.017 of the
Texas Code of Criminal Procedure.
SECTION 5.
The City Secretary is hereby directed to publish the caption,
penalty clause (Section 4) and effective date (Section 6) of this
ordinance for two (2) days in the official newspaper of the City,
as authorized by Section 52.013, Texas Local Government Code.
SECTION 6.
This ordinance takes effect October 1, 1995, and applies only
to cases filed on or after that date, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
~~~
Assistant City ttorney
Date : y' o2f~' °..S
ADOPTED : ~~ / ~> ~,.~~J
EFFECTIVE:
-3-
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/10/95 G,.1]~ 12SECURITY 1 of 2
SUBJECT ADOPTION OF ORDINANCE CREATING MUNICIPAL COURT BUILDING SECURITY
FUND
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached ordinance creating a municipal court building security fund and
requiring a defendant convicted in a trial for a misdemeanor offense in municipal court to
pay a $3 security fee as a cost of court
2 Adopt the attached supplemental appropriations ordinance increasing estimated receipts
and appropriations in the General Fund by S 150,000 from increased revenues
DISCUSSION
The Texas Legislature during the 1995 regular session adopted an amendment to Article 102 017
of the Code of Criminal Procedure allowing the governing body of a municipality by ordinance
to create a municipal court building security fund and require a defendant convicted in a trial for
a misdemeanor offense in municipal court to pay a S3 security fee as a cost of court The
amendment is effective August 28, 1995
The statute provides that the fund may be used only to finance the following items when used
for the purpose of providing security services for buildings housing a 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
The attached ordinance will take effect October 1, 1995, and will apply to all cases filed on or
after that date
City of Fort Worth, Texas
Mayor and Councal Communication
DATE
10/10/95 REFERENCE NUMBER
G11~56 LOG NAME
12SECURITY PAGE
2 of 2
SUBJECT ADOPTION OF ORDINANCE CREATING MUNICIPAL COURT BUILDING SECURITY
FUND
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that upon approval of Recommendation #1 and adoption
of the attached appropriations ordinance, funds required for these expenditures will be available
in the current operating budget of the General Fund
CB a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GGO1 431018 0385000 $150,000 00
Charles Boswell 8500 GGOI 539120 0385000 $150 000.00 D
APPROVE
Originating Department Head: ^I
A
'
Cf~ l COUNCIL
Wade Adkins 7623 (from}
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For Additional Information ~
Contact: , ~ ~~t~L/l.~
lLcet~t/
David L. Yett 7619 City Secreffiry of the
oath. Texas