HomeMy WebLinkAboutORD 1995-073 �
ORDINANCE NO. 95-73
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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 TO ADD A NEW SECTION 8-13 ENTITLED
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:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
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Section 1 . That Chapter 8 Courts and Criminal Procedures of the Code of
Ordinances of the City of Grapevine, Texas is hereby amended by the addition of a
new section, Section 8-13 which shall read as follows:
"SEC. 8-13 MUNICIPAL COURT BUILDING SECURITY FUND
(a) Any defendant convicted in a trial 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:
(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.
(21 A "trial" means the whole or any part of the procedure which the
law provides for bringing offenders to justice, including:
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a. the payment of a fine and the entry of a judgment thereon;
and
�, , b. the entering of a plea by a defendant and the deferring of
final disposition of the defendant's case.
(b) There is hereby established a Municipal Court Building Security Fund,
through the imposition of a three dollar (53.00► security fee as court cost
against every defendant convicted in a trial for a misdemeanor offense
in the Municipal Court, 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
security services;
(7) signages;
(8) confiscated weapon inventory and tracking systems;
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(9) locks, chains or other security hardware; and
(10) any other item or for any other purpose authorized by Article
102.017 of the Texas Code of Criminal Procedure as may be
'�•° �' amended by the Texas Legislature from time to time."
Section 2. 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 3. 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 �gth day of Se�tember ,1995.
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ORD. NO. 95-73 2
APPROVED:
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William D. Tate
Mayor
ATTEST:
Lind Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
'�� City Attorney
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ORD. NO. 95-73 3