Ordinance 1996-24
CITY OF WYLIE, TEXAS
ORDINANCE NO. q(p.. ~ I
AN ORDINANCE ESTABLISHING A "MUNICIPAL COURT BUILDING SECURITY
FUND" FOR THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; PROVIDING FOR
THE ASSESSNIENT AND COLLECTION OF A MUNICIPAL COURT BUILDING
SECURITY FEE; PROVIDING FOR SAVING, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF TIllS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the 74th Legislature of the State of Texas, meeting in Regular Session,
passed Senate Bill 349, which inter alia, amended Article 102.017 of the Texas Code of Criminal
Procedure to provide for (i) the establishment of a Municipal Court Building Security Fund and
(ii) the assessment and collection of a Municipal Court Building Security Fee;
\VHEREAS, Governor George \V. Bush approved Senate Bill 349 after its passage, and
Senate Bill 349 took effect on or about September I, 1995; and
WHEREAS, all legal notices have been given in the manner and form set forth by law, and
a public hearing has been held on the proposed security fund and all other requirements have been
fulfilled; and
\VHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to grant the establishment of the Municipal Court Building
Security Fund and imposition of a Municipal Court Building Security Fee, and that such grant will
not be detrimental to the public welfare, safety or health.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
i\lU~ICIPAL COURT Bt.:ILDI~G SECURITY FU~DIFEE - P:1:e 1
SECTION 1: Municipal Court Building Security Fund.
A. 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.
B. The Municipal Court of the City of Wylie, Texas (the "Municipal Court") is hereby
authorized to assess a Municipal Court Building Security Fee (the "Fee") in the amount of$3.00
?-gainst all defendants convicted in a trial of a misdemeanor offense by the Municipal Court. Each
. misdemeanor conviction shall be subj ect to a separate assessment of the Fee.
C. The Municipal Court Clerk is hereby authorized and required to collect the Fee and to
pay same to the treasury of Wylie. All fees so collected and paid over to the treasury of Wylie
shall be segregated in the Fund.
D. The Fund shall be used only for the purpose of financing the purchase of security
devices and/or services for the building or buildings housing the Municipal Court of Wylie.
"Security devices and/or services" shall include any and all items described in Article 102.017(d)
of the Code of Criminal Procedure.
E. The Fund shall be administered by or under the direction of the City Council or its
designated representative.
SECTION 2: Severability Provision.
If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid (for any reason unenforceable), the validity of the remaining
portions of this ordinance or the application to such other persons or sets of circumstances shall
not be affected thereby, it being the intent of the City Council in adopting this ordinance, that no
MUNICIPAL COURT BlJILDI~G SECURITY FU~DIFEE - Page 2
portion thereof or provision contained herein shall become inoperative or fail by any reason or
unconstitutionality or invalidity of any other portion or provision.
SECTION 3: SavingsfRepealing Provisions.
All ordinances in conflict herewith are repealed to the extent they are in conflict. Any
remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Effective Date.
This Ordinance shall become effective from and after its adoption and publication as
required by Wylie's City Charter and by law.
DULY PASSED A1\TD APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this IIVIe day of
~
1996.
ATTESTED TO AND
CORRECTLY RECORDED BY:
APPROVED AS TO FORM:
D. KAY WOODS
City Attorney
. W,'}je News
MUNICIPAL COURT BUILDING SECURITY FU~D/FEE - P:1:e 3
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