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HomeMy WebLinkAboutOrd 1997-08 Municipal Court Security Fund.pdfA • ORDINANCE NO. 97-08 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF ANNA, BY ADDING A SECTION 8.407 TO PROVIDE FOR A MUNICIPAL COURT SECURITY FUND, AND REQUIRING EVERY DEFENDANT CONVICTED IN A TRIAL FOR A MISDEMEANOR OFFENSE IN THE MUNICIPAL COURT OF THE CITY OF ANNA, TEXAS, TO PAY A THREE DOLLAR($3.00)SECURITY FEE AS PART OF THE COSTS OF COURT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 74th Legislature passed Senate Bill 349, effective September 1, 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 $3.00 security fee as court costs against every defendant convicted in a trial for a misdemeanor offense in the municipal court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. That Chapter 8. of the Code of Ordinances of the City of Anna Texas, be, and the same is hereby, amended by adding Section 8.407 Municipal Court Security Fund, to provide as follows, to -wit: "Sec. 8.407 MUNICIPAL COURT SECURITY FUND (a) 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 system; (5) Electronic locking surveillance equipment; • (6) Bailiff, 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 system; (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. (b) A defendant convicted in a trial for a misdemeanor offense in the municipal court of the City of Anna, Texas, shall pay a Three Dollar($3.00)security fee as costs of court. A person is considered convicted if: (1) A sentence is imposed on the person; (2) The person receives community supervision, including deferred adjudication; or • (3) The court defers final disposition of the person's case. The clerk of the municipal court shall collect the costs and pay them to the City Administrator of the City of Anna, Texas, who discharges the duties delegated to the municipal treasurer, for deposit in a fund to be known as the Municipal Court Building Security Fund." SECTION 2. That all provisions of the Code of Ordinances of the City of Anna, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Code of Ordinances, as amended herby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, which shall remain in full force and effect. • 4 i SECTION 4. That this Ordinance shall take effect immediately from and after its passage as the law in such cases provides, and shall apply to convictions in a trail for a misdemeanor in the municipal court of the City of Anna, Texas, after September 1, 1995. ATTEST: CITY SECRETARY