HomeMy WebLinkAboutORD 1997-081 ORDINANCE NO. 97-81
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 8 COURTS AND CRIMINAL
PROCEDURES, SECTION 8-13 MUNICIPAL COURT
BUILDING SECURITY FUND; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the 74th Texas Legislature passed Senate Bill 349 effective
August 28, 1995, which amended Article 102.017 of the Texas Code of Criminal
Procedure in part, to authorize the creation of a Municipal Court Building Security Fund
to finance certain security services for the Municipal Court through the imposition of
a three dollar ($3.00) security fee as court costs against every defendant convicted
in a trial for a misdemeanor offense in the Municipal Court; and
WHEREAS, the City Council of the City of Grapevine, Texas on September 19,
1995, enacted Ordinance No. 95-73, establishing a municipal court building security
fee; and
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WHEREAS, the 75th Texas Legislature passed Senate Bill 182 effective
September 1 , 1997, which further amended Article 102.017 of the Texas Code of
Criminal Procedure.
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 amending Section
8-13(a) in its entirety to read as follows:
"SEC. 8-13 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 (53.00) security fee. For purposes
of this Section:
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,� .: (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."
Section 2. That Chapter 8, Courts and Criminal Procedures of the Code of
Ordinances of the City of Grapevine, Texas is hereby amended by amending
subsection 8-13(b) to read as follows:
"(b) 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 surveillance equipment;
°"; ' (6) bailiffs, deputy sheriffs, deputy constables or contract security
personnel during times when they are providing appropriate
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(7) signages;
(8) confiscated weapon inventory and tracking systems;
(9) locks, chains or other security hardware; and
(10) continuing education on security issues for court personnel and
security personnel."
Section 3. If any section, article, paragraph, sentence, clause, phrase or word
in this Ordinance, or application thereto 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 4. 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
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ordained.
ORD. NO. 97-81 2
,� # Section 5. That this ordinance shall become effective from and after
September 1 , 1997.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of Auqust ,1997.
APPROVED:
William D. Tate
Mayor
ATTEST:
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� Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
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ORD. N0. 97-81 3