ORD 510 9/28/1999x-510
ORDINANCE NUMBER 5®8
AN ORDINANCE OF THE CITY OF C1BOLO, TEXAS, ESTABLISHING A
MUNICIPAL COURT SECURITY FUND; PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT SECURITY
FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION
AND EFFECTIVE DATE; PROVIDING FOR EXPIRATION DATE.
WHEREAS, Article 102.017(d) of the Code of Criminal Procedure provides for the
establishment of a Municipal Court Security Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
Section 1: Establishment of Municipal Court Security Fund
A. There is hereby created and established a Municipal Court Security Fund, here-
in -now known as the Fund, pursuant to Article 102.017(d) of the Code of
Criminal Procedures.
B. The Fund may be maintained in an interest bearing account and may be
maintained in the general revenue account.
Section 2: Establishment of Amount of the fee and Assessment and Collection
A. The fee shall be in the amount of three (3) dollars.
B. The fee shall be assessed and collected from the defendant upon conviction for a
misdemeanor offense in the Municipal Court as a cost of the court. A defendant
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.
C. The fee shall be collected on conviction for an offense committed on or after
October 1, 1999.
D. The clerk of the court shall collect the fee and pay the fee to the municipal
treasurer of the City of Cibolo, who shall deposit the fee into the Municipal
Court Security Fund.
Section 3. Designated Use of the Fund and Administration
A. The Fund shall be used only to finance the purchase of security enhancements
for the Municipal Court of the City of Cibolo, Texas, including:
(1) the purchase or repair of X-ray machines and conveying systems ;
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) bailiffs, deputy sheriffs, deputy constables, or contract security personnel
during times when they are providing appropriate security services;
(7) signage;
(8) confiscated weapon inventory and tracking systems;
(9) locks, chains, alarms or similar security devices or hardware;
(10)the purchase or repair of bullet-proof glass;and
(11)continuing education on security issues for court personnel and security
personnel;
B. The Fund shall be administered by or under the direction of the City Council of
the City of Cibolo.
Section 4. Severability
If any provision, section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to any person or set of circumstances for any reason is held
to be unconstitutional, void or invalid or for any reason unenforceable, the validity
of the remaining portions of this ordinance or the application thereby shall remain
in effect, it being the intent of the City Council of the City of Cibolo, Texas in
adopting this ordinance, that no portion thereof or provision contained herein shall
become inoperative or fail by any reason of unconstitutionality or invalidity of any
portion or provision.
Section 5. Repealing Conflict
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of conflict with this ordinance.
Section 6. Publishing and Effective Date
This ordinance shall be published in accordance with the requirements of
publishing all ordinances and becomes effect in accordance with state law upon
passage, but no earlier than October 1, 1999.
Section 7. Expiration and Administration of Fund
In accordance with Article 102.017(b) of the Code of Criminal Procedure, this
ordinance and the assessment and collection of the Municipal Court Technology fee
expires September 1, 2005. The purpose of the use of any funds remaining in the
Fund shall continue to be used and administered as required by this ordinance and
for that purpose this ordinance remains in effect.
PASSED, APPROVED and ADOPTED on this the 28day ofd, /p9 i
City of Cibolo, Texas
Sam Bauder, Mayor
Attest:
Ken Roberts
City Secretary