Ord. 0812 08-25-97ORDINANCE NO. 812
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A "MUNICIPAL COURT BUILDING SECURITY FUND";
PROVIDING FOR ASSESSMENT AND COLLECTION OF A MUNICIPAL
COURT BUILDING SECURITY FEE UPON FINAL CONVICTION;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, the State of Texas has authorized municipalities to assess a security
fee as a cost of court to persons convicted of misdemeanor offenses in municipal
court as a means to finance the cost of providing security devices and services for
buildings housing municipal courts and continuing education on security issues for
court and security personnel; and
WHEREAS, the City Council of the City of Pearland has determined that there
is a need for additional security in its municipal court, and the City elects to implement
this financing method, as provided by state law; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. There is hereby created and established, a Municipal Court Building
Security Fund to be used for the purpose of financing the purchase of security devices
and/or services for the building(s) housing the City's Municipal Court and continuing
education on security issues for court and security personnel, as authorized by
Section 102.017 of the Texas Code of Criminal Procedure.
Section 2. The Municipal Court is hereby authorized and required to assess a
Municipal Court Building Security Fee in the amount of $3.00 against all defendants
convicted of a misdemeanor offense by the Municipal Court. Each misdemeanor
1
ORDINANCE NO. 812
conviction shall be subject to a separate assessment of the Fee. This Fee shall be
assessed as a cost of court and collected in the same manner and procedure as other
costs of court assessed by the City of Pearland Municipal Court. All security fees
collected pursuant to this ordinance shall be deposited into the Pearland Municipal
Court Building Security Fund to be used in accordance with this Ordinance.
Section 3. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred
Dollars ($200.00).
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
2
r
ORDINANCE NO. 812
Section 8. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the /P day of
, A. D., 1997.
ATTEST:
TO1VF REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this them° day
of
ATTEST:
, A. D., 1997.
TOM REID
MAYOR
3
ORDINANCE NO. 812
APPROVEQ AS TO FORM:
A
AMY MOT%%S McCULLOUGH
CITY ATTORNEY
4
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. l
No.
N o.
N o.
N o.
Date g- % 19 nj'2
Date 19
Date 19
Date
Date 19
19
Subscriberand sworn to before me this 27 day of 2'
19 ")1
No-tary Public;,State of Texas
I�dur'd7 niti tnS'mans; Pi]bl2her
ORDINANCE NO. 812 '�
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, CREATIq A
MUNICIPAL RT
BUILDING - SE111_
FUND'; PROVIDIND
1 ASSAND COL.
F A
l COURT BUILDING
TY FEE UPON FINAL CO .
1 VICTION;'PROVIDItG A
PENALTY FOR CONT* D A A1�I mullet
CLAUSE, A EVER..lsjTV.
CLAUS AID A PROVREPEAL,
ER CLA 'SUIG
FOR PUBLICATION, CODS
AN EFFEC-
T AND
CONTAIN;
RIG OTHER PROVISIONS
RELATING TO THE SUB-
?an!b9 my Farshit
-
o
y a' 11ne s anY s111R 94N_
xceedknt Two Hundred
0260.00).
ASSED and APPROVED on
First and Only gearing:
the25ihiday ofAugust,_
ROD
OR`"`-
TEST`
YOLINfi LORFING
SECRETARY
AS TO FORAY;
AUY NOTES NcCULLOUGH
ATTORNEY;,,
oting "Aye- Couwgmam-
ars Barger, Beckman,
8 WHIM*
tlng'No' • None
• Kavin Colo
passed 4to 0.
LICATION DATE:
27,1997
ECTIVE DATE: SEP•
BER 1,1997
LISHED AS REQUIRED
"C"ar YONVO DP T
D.