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HomeMy WebLinkAboutItem 14 - Municipal Court Security FeeMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RUMBELOW, CITY MANAGER c MEETING DATE: OCTOBER 20, 2015 SUBJECT: APPROVAL OF AN ORDINANCE ESTABLISHING THE MUNICIPAL COURT SECURITY FEE RECOMMENDATION: City Council to consider an ordinance amending the Grapevine Code of Ordinances, Chapter 8, Courts and Criminal Procedures, adding Section 8-14, establishing a $3.00 security fee as a cost of court. Article 102.017 of the Code of Criminal Procedure authorizes the governing body of a municipality to create an ordinance requiring a defendant convicted of a misdemeanor offense to collect a $3.00 security fee as a cost of court to be deposited in a fund known as the municipal court building security fund. This fund can be used for security personnel, services, and items related to buildings that house the operations of a municipal court. During the FY2016 budget process staff recommended, and City Council approved, use of the security fee to provide funding for one existing Court Bailiff position. Staff recommends approval of the ordinance. ORDINANCE NO. S670 f- 17Y W AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 8 COURTS AND CRIMINAL PROCEDURES, TO ADD SECTION 8-14 ESTABLISHING A MUNICIPAL COURT BUILDING SECURITY FEE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Article 102.017 of the Code of Criminal Procedure provides for the establishment of a Municipal Court Building Security Fund; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 8 Courts and Criminal Procedures of the Code of Ordinances of the City of Grapevine, Texas is hereby amended by adding Section 8-14 to read as follows: "SEC. 8-14 MUNICIPAL COURT BUILDING SECURITY FUND (a) Any defendant convicted in the Municipal Court for a misdemeanor offense shall be charged and shall pay as a cost of court, in addition to all other costs of court, a three dollar ($3.00) security fee. For purposes of this Section: (1) A defendant is considered convicted if: (a) A sentence is imposed on the defendant; (b) The defendant receives community supervision, including deferred adjudication; or (c) The court defers final disposition of the defendant's case. (b) The Clerk of the Court shall collect the fee and pay the fee to the municipal treasurer of the City of Grapevine, Texas, who shall deposit the fee into the Municipal Court Security Fund. (c) There is hereby established a Municipal Court Building Security Fund, to 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) Hand-held metal detectors; (3) Walk through metal detectors; (4) Identification cards and systems; (5) Electronic locking and surveillance equipment; (6) Video teleconferencing systems; (7) Bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services; (8) Signage; (9) Confiscated weapon inventory and tracking systems; (10) Locks, chains, alarms, or similar security devices; (11) The purchase or repair of bullet-proof glass; (12) Continuing education on security issues for court personnel and security personnel; and (13) Warrant officers and related equipment." Section 3. That the purpose of the use of any funds remaining in the fund shall continue to be used and administered as required by this ordinance and for that purpose this ordinance remains in effect. Section 4. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of October, 2015. as t on RES. NO. 2 ATTEST: APPROVED AS TO FORM: RES. NO. 3