Ordinance 2016-12 ORDINANCE NO. 2016-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE
NO. 2005-07, AS AMENDED, CHAPTER 34 (COURTS), ARTICLE H
(MUNICIPAL COURT), DIVISION 1 (GENERALLY), AND SECTION XII
(MUNICIPAL COURT FEES) OF APPENDIX C (WYLIE
COMPREHENSIVE FEE SCHEDULE) OF THE CODE OF
ORDINANCES; MODIFYING CERTAIN PROVISIONS REQUIRING
ASSESSMENT AND PAYMENT OF MUNICIPAL COURT FEES AND
COSTS IN ACCORDANCE WITH APPLICABLE LAW; PROVIDING A
PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the City of Wylie,
Texas ("Wylie") to amend the Wylie Code of Ordinances, Ordinance No. 2005-07, as amended,
("Code of Ordinances") by modifying Chapter 34 (Courts), Article II (Municipal Court),
Division 1 (Generally) and Section XII (Municipal Court Fees) of Appendix C (Wylie
Comprehensive Fee Schedule) for the purpose of modifying certain provisions requiring the
assessment and payment of fees and costs to the Wylie Municipal Court in accordance with
applicable law, as set forth below; and
WHEREAS, the City Council finds that it is in the best interest of Wylie and its citizens
to amend the Code of Ordinances as set forth below.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to the Wylie Code of Ordinances, Chapter 34 Courts),
Article II Municipal Court),Division 1 (Generally). The Wylie Code of Ordinances, Chapter 34
(Courts), Article II (Municipal Court), Division 1 (Generally) is hereby amended to read as
follows:
"ARTICLE U. MUNICIPAL COURT
DIVISION 1. GENERALLY
Sec.34-21 Court Fees Authorized.
Court costs and fees are hereby authorized to be imposed and collected in
accordance with the provisions of applicable law.
Ordinance No.2016-12 Amending Code of Ordinances,Chapter 34,Article H,Division 1 Page 1 of 6
and Section XII of Appendix C(Municipal Court Fees)
Sec.34-22 Convictions.
For purposes of this division,a person is considered to be"convicted"if:
(a) A sentence is imposed on the person by the Municipal Court; or
(b) The person receives deferred disposition from the Municipal Court,
including deferred proceedings under Articles 45.052 or 45.053 of the
Texas Code of Criminal Procedure, as it exists or maybe amended.
Sec.34-23 Municipal Court Building Security Fund.
(a) Creation. There is hereby created and established a Municipal Court
Building Security Fund (the "fund") pursuant to Article 102.017 of the
Texas Code of Criminal Procedure, as it exists or may be amended.
(b) Assessment of fee; authority. The municipal court of the City (the
"municipal court") is hereby authorized to assess a Municipal Court
Building Security Fee (the "fee"), in the maximum amount authorized by
law, against all defendants convicted in a trial of a misdemeanor offense
by the municipal court. Each misdemeanor conviction shall be subject to a
separate assessment of the fee.
(c) Collection of fee;payment to City treasury. The municipal court clerk is
hereby authorized and required to collect the fee and to pay the fee to-the
treasury of the City. All fees so collected and paid over to the treasury of
the City shall be segregated in the fund.
(d) Use of fund. The fund shall be used only for the purpose of financing the
purchase of security devices and/or services for the buildings housing the
municipal court. Security devices and/or services means all items
described in Article 102.017 of the Texas Code of Criminal Procedure, as
it exists or may be amended.
(e) Administration. The fund shall be administered by or under the direction
of the City Council or its designated representative.
Sec.34-24 Municipal Court Technology Fund.
(a) Creation. There is hereby created and established a 'Municipal Court
Technology Fund (the "fund") pursuant to Article 102.0172 of the Texas
Code of Criminal Procedure,as it exists or may be amended.
(b) Assessment of fee; authority. The municipal court of the City (the
"municipal court") is hereby authorized to assess a Municipal Court
Ordinance No.2016-12 Amending Code of Ordinances,Chapter 34,Article H,Division 1 Page 2 of 6
and Section XII of Appendix C(Municipal Court Fees)
Technology Fee (the "fee"), in the maximum amount authorized by law,
against all defendants convicted in a trial of a misdemeanor offense by the
municipal court. Each misdemeanor conviction shall be subject to a
separate assessment of the fee.
(c) Collection of fee; payment to City treasury. The municipal court clerk is
hereby authorized and required to collect the fee and to pay the same to
the treasury of the City. All fees so collected and paid over to the treasury
of the City shall be segregated in the fund.
(d) Use of fund. The fund shall be used only for the purpose of financing the
purchase of technological enhancements for the municipal court of the
City. "Technological enhancements" shall include any and all items
described in Article 102.0172 of the Texas Code of Criminal Procedure, as
it exists or may be amended.
(e) Administration. The fund shall be administered by or under the direction
of the City Council or its designated representative.
Sec.34-25 Juvenile Case Manager Fund.
(a) Creation; authority. There is hereby created a juvenile case manager fee
("case manager fee"), in the maximum amount authorized by law,
pursuant to Article 102.0174 of the Texas Code of Criminal Procedure, as
it exists or may be amended. The case manager fee is in addition to any
other fines, penalties and/or court costs required by city ordinance or state
or federal law. A separate case manager fee must be paid for each separate
conviction of a fine-only misdemeanor offense.
(b) Assessment of Fee. Except as provided in subsection (c) below, each
defendant convicted of a fine-only misdemeanor offense in municipal
court shall pay the case manager fee as a cost of court. The case manager
fee does not apply to parking citations.
(c) Waiver. The municipal court judge may waive the case manager fee in
cases of demonstrated financial hardship on the part of a convicted
defendant. By way of example only, the municipal court judge may waive
the case manager fee if the judge has determined that the defendant is
indigent;has insufficient resources or income to pay the case manager fee;
or is otherwise unable to pay all or part of the underlying fine or costs.
(d) Collection of fee; payment to City treasury. The municipal court clerk is
hereby authorized and required to collect the case manager fee and to pay
the same to the treasury of the City. All fees so collected and paid over to
the treasury of the City shall be segregated in the fund.
Ordinance No.2016-12 Amending Code of Ordinances,Chapter 34,Article II,Division 1 Page 3 of 6
and Section XII of Appendix C(Municipal Court Fees)
(e) Use of fund. The fund shall be used only for the purpose of financing the
salary, benefits; training, travel expenses, office. supplies and other
necessary expenses relating to the position of a juvenile case manager who
is employed by the municipal court under Article 45.056. of the Texas
Code of Criminal Procedure, as it exists or may be amended, and for any
other purpose authorized by Article 102.0174 of the Texas Code of
Criminal Procedure, as it exists or may be amended. The fund may not be
used to supplement the income of an employee whose primary role is not
that of a juvenile case manager.
(f) Administration. The fees shall be administered by or under the direction of
the City Council.
(g) Application. The case manager fee shall be charged and applied only to
conduct that occurs on or after April 1, 2014.
Sec.34-26 Collection Fee.
(a) Creation; auth rzt
y. Pursuant to Article 103.003 1,Texas Code of Criminal
Procedure, as it exists or may be.amended, there is hereby .created a
collection fee ("collection fee") in the amount of thirty percent (30%) of
debts and accounts receivable such as unpaid fines, fees,..court costs,
forfeited bonds and restitution ordered paid by the municipal court serving
the City or a hearing officer serving the City under'Chapter. 682, Texas
Transportation Code, as it exists or may be amended, and amounts in cases
in which the accused has failed.to appear:
(1) As promised under Subchapter.A, Chapter 543, Transportation
Code, as it exists or may be amended,or other law;
(2) In compliance with a lawful.written notice to appear issued under
Article 14.06(b), Texas Code of Criminal Procedure, as it exists or
may be amended, or other law;
(3) In compliance with a lawful summons issued under Article
15.03(b), Texas Code of Criminal Procedure, as it exists or may be
amended;
(4) In-ncompliance with a lawful order of a court serving the City; or
(5) As specified in a citation, summons or other notice authorized by
Section 682.002, Texas Transportation Code, as it exists or may be
amended, that charges the accused with a parking or stopping
offense.
Ordinance No.2016-12 Amending Code of Ordinances,Chapter 34,Article H,Division 1 Page 4 of 6
and Section XII of Appendix C(Municipal Court Fees)
(b) Assessment of fee. The collection fee shall be assessed and collected when
such debts, accounts receivable and amounts are more than sixty(60) days
past due and have been referred to an attorney or other vendor for
collection. The collection fee is in addition to any other fines, penalties
and/or court costs required by city ordinance or state or federal law. A
separate collection fee must be paid for each separate conviction to which
it applies.
Secs.34-27—34-40 Reserved."
SECTION 3: Amendment to Section XII (Municipal Court Fees) of Appendix C Wylie
Comprehensive Fee Schedule of the Wylie Code of Ordinances. Section XII (Municipal Court
Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances is
hereby amended to add the following:
"XII. Municipal Court Fees
A. Reserved."
SECTION 4: Penal . Any person, firm, corporation or entity violating or refusing to
comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed
guilty.of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding
two thousand dollars ($2,000.00) for each offense if the offense relates to public health and
sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00)
for each offense. Each day that a violation is permitted to exist shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude the City from
filing suit to enjoin the violation. The City retains all legal rights and remedies available to it
under local, state and federal law.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The City Council hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, regardless of whether any one or more
sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 6: Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of such ordinances shall remain in full force and effect.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
Ordinance No.2016-12 Amending Code of Ordinances,Chapter 34,Article H,Division 1 Page 5 of 6
and Section XII of Appendix C(Municipal Court Fees)
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on this 12th day of July,2016.
V
Eric Hogue,M yo
ATTESTED AND CORRECTLY
RECORDED: , ofI
C le Ehrlic ity Secretary �Qr ryy
F COLOggDO p,
Date of Publication:July 20,20
oISS��,�y
Ordinance No.2016-12 Amending Code of Ordinances,Chapter 34,Article II,Division 1 Page 6 of 6
and Section XII of Appendix C(Municipal Court Fees)
Ipc larinersbillr Zimrs• • Murphy Monitor • The Princeton Herald • 7de Saelisc News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2016-12
was published in said newspaper on the following date(s), to -wit:
July 20, 2016
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the (71-1 day o
to certify which witness my hand and seal of office.
• Sonia A. Duggan
Commission Expires
09-02-20 I 6
, 2016
Notary Public in
The State of Texas
My commission expires
Murphy/SachsciWylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098 • 972-442-5515 • fax 972-4424318
Farmersville/Prineeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 • fax 972-782-7(123
P • •
6C July 20 - 21, 2016
ORDINANCE
NO. 2016-12
An Ordinance Of The
City Council Of The
City Of Wylie, Texas,
Amending Wylie'si
Code Of Ordinances,
Ordinance No. 2005-
07, As Amended,
Chapter 34 (Courts),
•Article Ii (Municipa!
Court). Division. 1
(Generally) And Sec- I
ton Xii (Municipal
• Court Fees) Of Appen-
dix C (Wylie Compre-
hensive Fee Schedule)
Of The Code Of Or-
dhiances; Modifying
Certain Provisions
'Requiring Assessment
And Payment Of Mu-
nicipal Court Fees And
Costs In Accordance
With Applicable Law;
Providing A Penalty
'Clause, Savings/Re-
'pealing Clause, Sever- '
ability Clause And An
'Effective Date; And
Prov.i.ding For The Pub-
lication Of The Caption
Hereof.
11-1t-371