HomeMy WebLinkAboutOrd 335 Creating a Municipal Court Building Security Fund TOWN OF WESTLAKE, TEXAS
ORDINANCE NO. 335
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, CREATING A
MUNICIPAL COURT BUILDING SECURITY FUND; PROVIDING PROCEDURES
FOR COLLECTION AND ADMINISTRATION OF THE FUND; PROVIDING A
SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES OF THE TOWN OF WESTLAKE, TEXAS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, House Bill 1177 was adopted by the Texas Legislature and became
effective from and after its date of passage on May 3, 1999, providing for amendments to Article
102.017 (d), Texas Code of Criminal Procedure, relating to permissible uses of the Municipal
Court Building Security Fund; and
WHEREAS, Article 102.017, Texas Code of Criminal Procedure, provides that the
Board of Aldermen of the Town of Westlake, Texas (the "Town") may, by ordinance, create a
Municipal Court Building Security Fund and may require a defendant convicted in a trial for a
misdemeanor offense in the municipal court to pay a$3 security fee as a cost of court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: Pursuant to Article 102.0172 of the Texas Code of Criminal Procedure, a
Municipal Court building Security Fund is hereby created.
SECTION 2: The Municipal Court clerk of the Town and/or his or her designee shall
collect a municipal court building security fee in the amount of $3.00 from each and every
defendant convicted of a misdemeanor offense. A fee shall be collected for each and every
separate and distinct offense for which a defendant is convicted. Article 102.0172 of the Texas
Code of Criminal Procedure states that a person is considered convicted if: (1) a sentence is
imposed on the person; (2) the person is placed on community supervision, including deferred
adjudication community supervision; or (3)the court defers final disposition of the person's case.
The Municipal Court clerk of the Town and/or his or her designee shall collect the costs
and pay the funds to the Municipal Treasurer, or to any other official who discharges the duties
commonly delegated to the Municipal Treasurer, for deposit into a fund to be known as the
Municipal Court Building Security Fund.
The Municipal Court Building Security Fund may be used only to finance items when
used for the purpose of providing security services to buildings housing a district, county,justice,
or municipal court, as appropriate, including: (1) the purchase or repair of X-ray machines and
conveying systems; (2) hand-held metal detectors; (3) ,Ulk-through metal detectors; (4)
identification cards and systems; (5) electronic 4eo*inf anP surveillance equipment; (6)
bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they
Ordinance No. 335
Page 2
are providing appropriate security services; (7) signage; (8) confiscated weapon inventory and
tracking systems; (9) locks, chains, alarms or similar security devices; (10) the purchase or
repair of bullet-proof glass; and (11) continuing education on security issues for court personnel
and security personnel.
The Municipal Court Building Security Fund shall be administered by or under the
direction of the Board of Aldermen.
SECTION 3: All rights and remedies of the Town are expressly saved as to any and all
violations of the provisions of any other Ordinances of the Town affecting the Municipal Court
Building Security Fund, which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such Ordinances same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 4: That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of said Ordinances except those instances where they are in
direct conflict with the provisions of this Ordinance, in which event the conflicting provisions of
such Ordinances are hereby repealed.
SECTION 5: If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of the Ordinance, and the Board of Aldermen hereby declares it would
have passed such remaining of the Ordinance despite such invalidity, which remaining portions
shall remain in full force and effect.
SECTION 6: The Town Secretary of the Town is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Publication Clause and Effective Date clause in the
minutes of the Board of Aldermen of the Town and by filing this Ordinance in the Ordinance
records of the Town.
SECTION 7: The Town Secretary of the Town of Westlake is hereby directed to publish
in the Official newspaper of the Town of Westlake, the Caption, and Effective Date clause of this
Ordinance for two (2) days as required by Section 52.011 of the Texas Local Government Code.
SECTION 8: This Ordinance shall become effective from and after its date of passage as
provided by law.
PASSED AND APPROVED ON THE 23RD DAY OF AUGUST, 1999.
Scott Bradley, Mayor
Ordinance No. 335
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ATTEST:
6ingS'P-Crosswy, Town S-kretary
A P P R O V E !
ORM:
SULLO< Attorney, 7