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03-49 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-49 AN ORDINANCE ESTABLISHING A"MUNICIPAL COURT SECURITY FUND"FOR THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT SECURITY FEE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS 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 Security Fund and (ii)the assessment and collection of a Municipal Court Security Fee; WHEREAS, Governor George W. Bush approved Senate Bill 349 after its passage, and Senate Bill 349 took effect on or about September 1, 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 WHEREAS,the Town Council of the Town of Prosper,Texas ("Town Council")has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper,Texas ("Prosper")to grant the establishment of the Municipal Court Security Fund and imposition of a Municipal Court Security Fee, and that such grant will not be detrimental to the public welfare, safety or health. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Municipal Court Security Fund. A. There is hereby created and established a Municipal Court Security Fund(the "Fund")pursuant to Article 102.017 of the Texas Code of Criminal Procedure. B. The Municipal Court of the Town of Prosper,Texas(the"Municipal Court")is hereby authorized to assess a Municipal Court Security Fee(the"Fee")in the amount of$3.00 against all defendants convicted in a trial of a misdemeanor offense by the Municipal Court. Each misdemeanor conviction shall be subject to a separate assessment of the Fee. MUNICIPAL COURT SECURITY FUND ORDINANCE—Page 1 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 03-49.doc C. The Municipal Court Clerk is hereby authorized and required to collect the Fee and to pay same to the treasury of Prosper. All fees so collected and paid over to the treasury of Prosper 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 Municipal Court of Prosper. "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 Town Council or its designated representative. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 8th day of July, 2003. CHARLE S ANG , Mayor ATTESTED TO AND CORRECTLY RKORDED BY: c)/10.1,1tt AMBER PHILLIPS Town Secretary DATE(s)OF PUBLICATION:July 14,2003,in the McKinney Courier-Gazette MUNICIPAL COURT SECURITY FUND ORDINANCE—Page 2 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 03-49.doc Cs4cL pUti/J-e Autt,o-o\ -to .-n;, 11) b i&x 3°7 PleosP i Tx -75c7k PtmLISHER ' S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN Page 6— McKinney Courier-Gazette— Monday, July 14 , 2003 Before me, this undersigned authority, onay personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of-The Mainney Courier-Gazette and. that said newspaper meets the requirements of Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: Printer's Fee $ H- 0,tej No. 03 - Description. [�t_e_, 1. It devotes not less than twenty-five percent (25%) of its 7914 total column lineage to general interest items; o be published in the McKinney Courier-Gazette on Monday,July 14,2003. 2. it is published at least once each week; LEGAL ETOWN OF CE PROSPER,TEXAS 3. it is entered as second-class ORDINANCE matter in the countyORDINANCE NO.I -a9 P AN ORDINANCE where it is published; ESTABLISHING A "MUNICIPAL COURT SECURITY FUND"FOR THE 4. it has been published regularly and continuously since TOWN OF PROSPER, 1897; and PROVIDINGOUNTY FOR TEXAS;THE ASSESSMENT AND COLLECTIO5. it is generallycirculated within Collin County. MUNICIPAL OF A MUNICIPAL COURT SECURITY FEE; Publisher further de oses,and says that the attached notice waspublished in said nei PROVIDING FOR SAVINGS, P Y REPEALING AND ;e(s) to wit; SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATIONTHE CAPTIONONHEREOF. ----)61.),1_14.0_,1 9.6,6%w 1(;/ , 2003 AD Jim Moser Editor and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who e a) is personally known to me, or b) provided the slowing evidence to establish his/her identity, / on this the //6 day of r4ribeA/ , A.D. 2003 cert. which witn s my hand and seal of office. Notary Publ. , State of e(SEAL) r . LAVI=P(OF GPA','''-.S COMMISSION EXPIRES ����Notary Public,State ot3exas vie My Commission Expires , � 05-12-W5 Page 6 — McKinney Courier-Gazette — Monday, July 14 , 2003 To be published in the McKinney Courier-Gazette on Monday,July 14.2003. LEGAL NOTICE TOWN OF PROSPER,TEXAS ORDINANCE NO.03-49 AN ORDINANCE ESTABLISHING A "MUNICIPAL COURT SECURITY FUND"FOR THE TOWN OF PROSPER, COLLIN COUNTY. TEXAS; PROviLING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT SECURITY FEE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE: AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.