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HomeMy WebLinkAboutORD 833 - ORD Establishing Cost & Taxes by the Corporations o o 1'4"3 ORDINANCE. NO. 833 AN ORDINANCE ,ESTABLISHING COSTS TO BE TAXED BY THE .CORPORATION COURT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR FEES TO BE PAID TO CITY TREASURER; PROVIDllifG ;FOR WORK OR IMPRISONMENT IN LIEU OF FINE AND COSTS; PROVIDING THAT CODE OF CRIMINAL PROCEDURE FOR JUSTICE OF THE PEACE SHALL GOVERN WHERE APPLICABLE.AIID PROVIDING AN EFFECTIVE DATE. SECTION I: In accordanc~ with the provisions of Vernon's Code of Criminal Procedure of the State of Texas, Annotated, Article 867, through 878, there Shall be taxed against each defendant convicted by a jury in the Corporation Court of the city the items of cost as s.et out in the sub- se~uent sections of this ordinance and in cases tried by the court without a jury the items of cost as set out in the subse~uent sections of this ordinance, the assessment of same to be within the discretion of the court, and when assessed such items of cost shall be collected from each defendant, and together with the fine imposed when collected, sha~be deposited with the City Treasurer. SECTION II. The fee and cost schedule for Corporation Court shall be as follows: (1) Jury and Trial Fees: (a) Trial Fee: (b) afury Fee ( when defendant re~uests jury and is determined guilty) 5.50 3.00 (2) Clerk's Fees: (a) For issuing each capias or other originailiwrit .75 I, '(b) For issuing, each subpoena .25 (c) For preparing transcript for appeal 2.00 (3 ) Peace Officer Fees: (a) For executing each warrant of arrest or capias or making arrest without warrant (b) For summoning each witness (c) For taking and approving each bond or recognisance ' (d) For each commitment or release . (~) Jury fee, in each case where a jury is actually summoned 2.00 .75 1.50 1.00 1.00 SECTION III. Any other costs or fees applicable for Justice Courts, as set forth in the Code of Criminal Procedure of the State of Texas and not contained in the above shown fees may be 'taxed against those persons con- victed in the Corporation Court for violations of the City Ordinances and Laws of the State of Texas. '__~_...L....L---'-----.1.L~.__~---..lI.J __~__:__~----..:.......... .LL _L-~_ '.'l'i~.ElIUI[]Imr- ..J'11II1II1 I :1,44 SECTION IV. ,All fees ~nd costs taxed against and collected of each defendant convicted~in the Corporation Court shall be paid into the City Treasury and disposed of as the City Commission shall direct. o SECTION V. ,Any person who upon convic;tion shall fail and neglect to pay any fine or cost imposed under any law or ordinance for-any breach or violation of the same, shall be committed to work on the street, alleys, or other public improvements within the city limits, or if there be no such improvements, he shall be imprisoned in the city jail for a sufficient length of time to discharge the full amount of fine and costs adjudged ._~_,. against him, rating such labor or imprisonment at $3 for each day thereof., 1. SECTION VI. Whenever any appeal is prosecuted from a judgment of the Corporation Court, it shall be the duty of the Clerk of the Corporation Court to include in his fee bill, incorporated in the transcript of appeal, the total amount of costs hereinabove provided for in the preceding sections. " SECTION VII. The provisions of the Code of Crimin~l Procedure of the State of Texas, now in force regulating the amount of collection of jury and witness fees and for enforcing the attendance of witnesses 'in crimi- nal cases tried before a Justice of the Peace, shall,'a& far as practicable, govern and be applicable to the trial of cases before the Corporation Court. SECTION VIII. The holding of any section or provision of this 0, Ordinance invalid, void or unconstitutional, shall not in any manner affect the validity. of any other section or provision thereof. SECTION IX. This ordinance shall take effect and be in force immediately upon its passage, approval and publication. PASSED AND APPROVED, this the 24th day of February, 1964. jaPlA-U/ 11dw~ . MAYOR ' COMMISSIONERS V9~ING AYE; ~L COMMISSIONERS -VoT:md NO: '. , NONE ATTEST: \ \ o ....