Ord. 0540 07-27-87ORDINANCE NO. 540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MUNICIPAL
JUDGE TO ASSESS A $10.00 SPECIAL EXPENSE UPON
A REQUEST TO TAKE A DRIVING SAFETY COURSE,
PURSUANT TO ARTICLE 6701d, SEC. 143A, V.A.C.S;
PROVIDING FOR COLLECTION AND DEPOSIT OF SAME;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION AND HAVING
AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature in adopting HB 95 has
authorized a Municipal Court to require a person requesting a
~riving safety course under Article 6701d, Sec. 143A, to pay a
fee set by the Court at an amount that does not exceed $10.00,
including any other special fees authorized by statute, provided
there is an Ordinance in effect in the municipality for the as-
.sessment of same; and,
WHEREAS, it is recognized by the City Council that there
is a great expense attendant to the administration of Sec. 143A,
and the dismissal of traffic offenses upon completion of driving
safety courses, which expense exceeds the amount that would be
collected by assessing such special expense; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The Municipal Judge of the City, or his as-
sociate presiding in his stead, shall assess a special expense of
Ten Dollars ($10.00) against any person requesting to take a driving
safety course under Article 6701d, Sec. 143A, Vernon's Annotated
Civil Statutes of Texas, which expense shall be due and payable
at the time the Municipal Court receives an oral or written request
to take such course.
Section 2. The Municipal Court Clerk is hereby authorized
to collect the abovementioned special expense, and upon collection
shall forward the same to the Director of Finance
the municipal treasury.
Section 3.
not be refundable,
should
for deposit in
The special expense collected hereunder shall
regardless of whether the person paying same
fail to complete a driving safety course or prove to be in-
eligible to qualify for the same.
Section 4. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed as a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5. All Ordinances and parts of Ordinances in
conflict herewith are hereby repealed, but only to the extent of
such conflict.
Section 6. The City Secretary shall cause this Ordinance,
or its caption, to be published in the official newspaper of the
City at least once within ten (10) days from and after its pas-
sage on second and final reading. This Ordinance shall then become
effective on September 1, 1987 or ten (10) days from and after the
publication required herein, whichever date is the later.
of
PASSED AND APPROVED on first reading this the o'Z7 day
, 1987.
Mayor
ATTEST:
City Sfecretary
PASSED AND APPROVED on second and final reading this the
/T% day of
ATTEST:
City Secretary
APPROVED AS TO FORM:
ty
41 Arit
mfLe
, 1987.
r 211"11-
.420
Mayor
VOTING RECORD (FIRST READING) JULY 27, 1987
Voting "Aye" - Councilmembers Roberts, Bost
Frauenberger and Mack.
Voting "No" - None
VOTING RECORD (SECOND READING) AUGUST 10, 1987
Voting "Aye" - Councilmembers Mack, Frauenberger
Tetens, Bost, and Roberts.
Voting "No" - None
PUBLICATION DATE: August 14, 1987
EFFECTIVE DATE: September 1, 1987
PUBLISHED AS REQUIRED BY SECTION 3.10 OF TFIF CHARTFR nF DFARIAF.If Trvnc