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HomeMy WebLinkAbout023805 ORD - 10/19/1999ORDINANCE AMENDING SECTION 29-48, MUNICIPAL COURT BUILDING SECURITY FUND AND SECURITY FEE AS COST OF COURT, TO EXCLUDE PARKING CITATIONS AND TO PROVIDE THAT SUCH FUND MAY BE USED TO FINANCE CONTINUING EDUCATION ON SECURITY ISSUES FOR COURT PERSONNEL; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE; PROVIDING FOR SEVERABILITY. WHEREAS, the processing of parking tickets was recently transferred to the Municipal Court and Section 29-48 of the City Code provides that a $3.00 municipal court security fee shall be collected from all defendants convicted in the municipal court; WHEREAS,the enabling statute, Article 102.017 of the Code of Criminal Procedure, does not require that such fee be collected from defendants convicted of parking violations; and WHEREAS, Article 102.017 of the Code of Criminal Procedure has been amended to provide that the Municipal Court Building Security Fund, established by ordinance, may be used to finance the continuing education on security issues for court personnel and security personnel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: SECTION 1. That Section 29-48 of the City Code of Ordinances is amended as follows: Sec. 29-48. Municipal court building security fund and security fee as cost of court. (a) There is created a municipal court building security fund. A defendant convicted for a misdemeanor offense in municipal court shall pay a three dollar ($3.00) security fee as a cost of court. This fee does not apply to parking citations. The fee shall be assessed for all misdemeanor convictions including those processed by mail. (b) For purposes of this section, 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. (c) The municipal court administrator shall collect this cost of court and pay it to the city treasurer. The security fee so collected shall be deposited in a fund to be known as the municipal court building security fund. LA\ord2.1 1 1 023805 (d) The municipal court building security fund may 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 and surveillance equipment; (6) Bailiffs or contract security personnel during times when they are providing appropriate security services; Signage; Confiscated weapon inventory and tracking systems; or Locks, chains, or other security hardware:oor Conti uin• •ducatio o securit issue for cou ersonnel and s curity 11' II n el. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance will be effective upon such publication. LAAord2.111 Thaa the foregoing rdinance was red for the first time and passed to its second reading on this the (a to -of LiC ltlD& 1999, bythe followingvote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott tt That e f regoin ordinance was read for the second time and passed finally on this the 1 1 Day of , 1999, by the following vote: Samuel L. Neal, Jr. I ' Rex A. Kinnison it Javier D. Colmenero Betty Jean Longoria Melody Cooper IAA I John Longoria Henry Garrett 1 6 6 Mark Scott Dr. Arnold Gonzales , ; l PASSED AND APPROVED this the Day of QC41999. ATTEST: J G� Armando Chapa, City Secretary Samuel L. Neal, Jr., M.yor City of Corpus Christi LEGAL FORM APPROVED deth„i.. , 1999; JAMES R. BRAY, JR., CITY ATTORNEY By: t Lisa Aguilar,'Assistant City Attorney LA\ord2.111 023805