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HomeMy WebLinkAboutOrdinance No. 2003-17 Title: An ordinance amending the municipal court technology fund ordinance to allow for the egpenditure of the fund on maintenance, as well as acquisition, of technological enhancements for the municipal court. ORDINANCE NO. 2003-17 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY DELETING SUBSECTION (c) OF SECTION 42-2 THEREOF AND SUBSTITUTING A NEW SUBSECTION (c) THEREOF ALLOWING THE MITNICIPAL COURT TECHNOLOGY FUND TO BE USED FOR T�E MAINTENANCE OF TECHNOLOGICAL ENHANCEMENTS FOR THE MUNICIPAL COURT OF THE CITY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. � � * * � � �: � * � � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section L The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by striking subsection (c) of Section 42-2 thereof and substituting a new Subsection (c) to Section 42-2 thereof to allow use of the municipal court technology fund to be used for maintaining municipal court technological enhancements, as follows: "(a) Establishment of municipal court technology fund.. (1) Pursuant to and in accordance with Article 102.0172 of the Texas Code of Criminal Procedure, there is hereby created and established a municipal court technology fund(the"fund"). (2) The Fund sha11 be maintained in an interest bearing account. The fund may be combined with the city's general revenue account if its contents, including all interest earned thereon, are identified and accounted for. (b) Assessment and collection of fee; establishment of amount. (1) There is hereby established a municipal court technology fund fee (the"fee), which shall be in the amount of four dollars ($4.00). (2) The fee shall be assessed and collected from each defendant for each conviction of a misdemeanor offense in the city's municipal court as a cost of court. A defendant is considered convicted i£ a. A sentence is imposed on the defendant; b. The defendant is placed on community supervision, including deferred adjudication community supervision; or c. The court defers final disposition of the defendant's case. (3) The fee shall be collected for each conviction for an offense committed after the effective date of this ordinance. (4) The clerk of the municipal court shall collect the fee and render the fee to the city treasurer,who shall deposit all fees collected in to the fund. (c) Designation of Fund;Administi°ation. (1) The Fund sha11 be used only for financing the acquisition or maintenance of technological enhancements for the municipal court of the City, including computer systems, computer networks, computer hardware, computer software, imaging systems, electronic kiosks, electronic ticket writers and dock management systems. (2) The Fund shall be administered by, and shall be under the direction and supervision of the City Council. Section 2. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency, hereby repealed. Section 3. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of 2 the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. PASSED AND APPROVED on first reading this 22°d day of September, 2003. PASSED, APPROVED, and ADOPTED on second and final reading this 6tb day of October,2003. � � � c�., . � imball W. Brizendine, Mayor ATTEST: C �� s � Deloris McKenzie, T C City Secretary 3