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ORDINANCE NO. 89
AN ORDINANCE CREATING A MUNICIPAL COURT BUILDING
SECURITY FUND; REQUIRING DEFENDANTS IN MUNICIPAL COURT
TO PAY A SECURITY FEE; STATING THE PURPOSE OF THE FUND;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, Article 102.017 of the Code of Criminal Procedure permits a municipality
to create a municipal court building security fund, and require a defendant to pay a security
fee as a cost of court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
FUND CREATED
There is hereby created a municipal court building security fund. This fund shall be
administered under the direction of the governing body of the City of Kennedale.
SECTION 2.
FEE ASSESSED
All defendants convicted in a trial for a misdemeanor offense in municipal court shall
be required to pay a three dollar ($3.00) security fee as a cost of court. A person is
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considered convicted for purposes of this ordinance if a sentence is imposed on the person,
the person receives community supervision, including deferred adjudication, or the court
defers final disposition of the person's case. The security fee shall be collected by the
municipal court clerk and paid to the official who discharges the duties of municipal
treasurer for deposit in the municipal court building security fund.
SECTION 3.
FUND PURPOSES
The municipal court building security fund may be used only to finance the following
items when used for the purpose of providing security services for any buildings housing the
municipal court of the City of Kennedale:
a. The purchase or repair of x-ray machines and conveying
systems;
b. Hand-held metal detectors;
c. Walk-through metal detectors;
d. Identification cards and systems;
e. Electronic locking and surveillance equipment;
f. Bailiffs, deputy sheriffs, deputy constables, or contract security
personal during times when they are providing appropriate
security services;
g. Signage;
h. Confiscated weapon inventory and tracking systems;
i. Locks, chains or other security hardware; and
j. Any other item or service permitted by law.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the City
of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
f:Miles\muni\merge\ctfundor.fin ((KI-11-95) 2
ordinances are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON THIS 9 DAY OF November , 1995.
MAYOR
ATTEST:
CITY SECR ARY
APPROVED AS TO FORM AND LEGALITY:
~ 1"C. ~
City Attorney
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