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HomeMy Public PortalAboutOrdinance No. 772-95 11-14-1995 ORDINANCE NO. 772-95 •f AN ORDINANCE AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 23 "MUNICIPAL COURT BUILDING SECURITY FEE": PROVIDING FOR IMPOSITION OF A $3.00 SECURITY FEE AS A COST OF COURT; CREATING A MUNICIPAL COURT BUILDING SECURITY FUND; SPECIFYING PERMITTED USES FOR SAID MUNICIPAL COURT BUILDING SECURITY FUND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature has authorized municipalities to impose a $3.00 fee upon persons convicted in municipal court, said fee to be used only for municipal court building security purposes; and WHEREAS, it is the desire of the Richland Hills City Council to impose said fee by this Ordinance, in order to provide additional municipal court security services through the use of said fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 1 "GENERAL PROVISIONS" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new section 23 "Municipal Court Building Security Fee", which new Section shall hereafter be and read as follows: SECTION 23 "MUNICIPAL COURT BUILDING SECURITY FEE" (a) There is hereby imposed, as a cost of court, a security fee of $3.00 per conviction in the Richland Hills Municipal Court of Record. (b) For the purposes of this Section, a person is considered convicted if: (1) A fine 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. (c) There is hereby created a fund to be known as the Municipal Court Building Security Fund. All security fees collected under this Section shall be deposited into said Municipal Court Building Security Fund. This Fund may be used only to finance the following items when used for the purpose of providing security services for buildings housing the Richland Hills Municipal Court: (1) The purchase or repair of x-ray machines and conveying systems; ORDINANCE NO. Page 1 (2) Handheld metal detectors; • (3) Walkthrough metal detectors; (4) Identification cards and systems; (5) Electronic locking and surveillance equipment; (6) Bailiffs, deputies or contract security personnel during times when they are providing appropriate security services; or (7) Locks, chains or other security hardware. (d) The Municipal Court Building Security Fund shall be administered under the direction of the City Council. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 1 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the day of November 1995, by a vote of 4 ayes, 0 nays, and 0 abstentions. APPROVED: C. F. Kelley, Mayor ORDINANCE NO. 7 7 2- 9 5 Page 2 ATTEST: Ter ' is, City Secreta~ y APPROVED AS TO FORM AND LEGALITY: aul F. ieneskie, City Attorney 9rhliblbh/110195 ORDINANCE NO. 7 7 2- 9 5 Page 3