ORD 2013-40i • • •
•' i ' # 1 •;t
• ► • i . x a i - • x
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided, and the fees adopted hereby are reasonable and reflect
reimbursement for administrative costs incurred by the Town in providing various
services to the public; and
WHEREAS, state law authorizes a Municipal Court to approve an order of
deferred disposition for a person entering a plea of guilty or no contest to certain
identified Class C Misdemeanors, and under the deferred disposition, if during the
probationary period, the person who is granted deferred disposition meets all conditions
imposed by the Court, the case against that person is dismissed and is not reported as
to the State as a conviction; and
WHEREAS, the ability of a person to receive a deferred disposition is a privilege
and requires the Court to track paperwork and spend time and effort to ensure
compliance and dismissal that are not required when a person enters a plea and pays a
citation; and
WHEREAS, the Town Council hereby finds that the amendment of Section 8.01
of Article VIII, Chapter 1, of the Code of Ordinances to add an administrative fee as
further specified herein serves the best interests of the Town; and
WHEREAS, having reviewed the proposed fee adjustment, the Town Council
finds that the proposed administrative fee for deferred disposition granted in the Trophy
Club Municipal Court is reasonable and necessary to pay the administrative costs
associated with providing that privilege to the public, and that the Town's Schedule of
Fees should be amended to include such fee;
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TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Im *44 0 rel i
F-AIJAW191TA
2.01 Section 8.01 entitled "Municipal Court" of Article VIII entitled "Schedule of Fees"
of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy
Club, Texas, is hereby amended to add the following administrative fee to be added to
Court costs charged to a person receiving deferred disposition in the Trophy Club
Municipal Court, and the remainder of the fees imposed under Section 8.01 shall remain
unaltered:
8.01 1
MUNICIPAL COURI
Deferred Disposition Administrative Fee $25.00
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances, whether such Ordinances are codified or
uncodified, except for those instances where there are direct conflicts with the
provisions of this Ordinance and where such other Ordinance(s) do not specifically state
that fees contained therein take precedence. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to any such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTIOR, 5.
E'UGT0—W1E1JT A*aETQL
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
mom"
U11 1-1 IR WIN I LOU I
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Fees and Effective Date of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication in accordance
with the law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21St day of October, 2013.
ATTEST:
11141'�'Wlzc-ol /
Tarin -(y Ard, 10own Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
nnie White, Mayor
Town of Trophy Club, Texas
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