HomeMy WebLinkAboutOrdinance - 9119-1987 - Amending Code Of Ord. New Section 17-5 Establishing Admin Fees. - 09/10/1987I
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First Reading
September 10. 1987
Agenda Item #29
Second Reading
September 24, 1987
Agenda Item #5
ORDINANCE NO. 9119
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY ADDING THERETO A NEW SECTION 17-5 ESTABLISHING AN ADMINISTRATIVE
FEE FOR SERVICES PERFORMED IN CASES IN WHICH THE LAWS OF THE STATE OF TEXAS
REQUIRE A DISMISSAL BECAUSE OF ACTIONS BY OR ON BEHALF OF THE DEFENDANT
WHICH WERE SUBSEQUENT TO THE DATE OF THE ALLEGED OFFENSE; PROVIDING SAVINGS
CLAUSE; ANO PROVIDING AN EFFECTIVE DATE.
WHEREAS, S.B. No. 243 enacted by the 70th Legislature authorizes Mu-
nicipal Courts to collect a special expense not exceeding Ten Dollars
($10.00) for services performed in cases in which the laws of this State re-
quire that the case be dismissed because of actions by or on behalf of the
Defendant which were subsequent to the date of the alleged offense; and
WHEREAS, such special expenses shall not exceed the actual expenses
incurred for such services or Ten Dollars ($10.00}, whichever is less; and
WHEREAS, a study by the Municipal Court of Record indicates that the
cost of such services in the Municipal Court of Record exceeds Ten Dollars
($10.00); NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock, Texas,
BE and is hereby amended by adding a new Section 17-5 thereto, which shall
read as follows:
Sec. 17-5. Special Expense Fee.
The municipal court of record shall collect a special expense
fee for services performed in cases in which the laws of this State
require that the case be dismissed because of actions by or on behalf
of the Defendant which were subsequent to the date of the alleged of-
fense. The amount of such fee shall not exceed the maximum amount for
such fees as provided by the laws of this State.
SECTION 2. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid for
any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT this Ordinance shall become effective immediately
upon final passage, however, such special expense fees apply only for an al-
leged offense committed on or after the effective date of this Ordinance.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 10th day of September
1987.
Passed by City Council on second reading this 24th day of September
1987.
'if.c. McMTIJN; MAYOR
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
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THE STATE OF TEXAS
COUNTY OF LUBBOCK R-19
Before me __ F_r_a_n_c_e_s._._H_e_r_n_a_n_d_e_z_ a Notary Public in and for Lubbock County. Texas on this day
personally appeared Twi I a Aufi 11, Ac::count Maoaf!er of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the rirst insertion of this Lee:a I Notice
-------------.-No. :Iii 825624 at Lubbock County. Texas and the attached print-
ed copy of the Lef!a I Not ice is a true copy of the original and was printed in the Lubbock
Avalanche-.Journal on the following dates: SePtember 26, October 3, 1987
146 words.@.as = $128.48
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this --1..t.h day of
FORMS8-10
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octobe r . 19_ai__ J~,_._,,, . .,,,,."----r......Lr
FRANCES HERNANDEZ. NOTARY PUBLIC
In And For Tht: State Of Texas.
My Commission Expires July 6, 1991