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HomeMy WebLinkAboutOrdinance No. 2000-06 ORDINANCE NO. 2000-06 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PRO VIDING FOR THE ESTABLISHMENT OF A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; AND PROVIDING FOR SEVERABILITY. � � � � � � WHEREAS, pursuant to Article 102.0172, Code of Criminal Procedure, municipalities are authorized to provide for the establishment of a Municipal Court Technology Fund; and WHEREAS, in accordance therewith, the City Council of the City of Friendswood desires to provide for such fund and to assess and collect fees therefor in accordance with law; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. Establishment of Municipal Court Technology Fund. A. Pursuant to and in accordance with Article 102.0172, Texas Code of Criminal Procedure, there is hereby created and established a Municipal Court Technology Fund (the "Fund"). B. The Fund shall 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. Section 2. Assessment and Collection of Fee; Establishment of Amount. A. There is hereby established a Municipal Court Technology Fund Fee (the "Fee"), which shall be in the amount of four dollars ($4.00). B. 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 if: (1) a sentence is unposed on the defendant; (2) the defendant is placed on community supervision, including deferred adjudication community supervision; or Tech Fund Page 1 (3) the court defers final disposition of the defendant's case. C. The Fee shall be collected for each conviction for an offense committed on or after September 1, 1999. D. The Clerk of the Municipal Court shall collect the Fee and render same to the City Treasurer, who shall deposit all Fees collected into the Fund. Section 3. Designated Use of the Fund; Administration. A. The Fund shall be used only for financing the acquisition 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 docket management systems. B. The Fund shall be administered by, and shall be under the direction and supervision of, the City Council. Section 4. 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 the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 5. All ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED AND APPROVED on first reading this 6th day of March , 2000. PASSED, APPROVED, and ADOPTED on second and final reading this 2 0 th day of March , 2000. Harold L. Whitaker Mayor ATTEST: Tech Fund Page 2 c . , Deloris McKenzie, RMC City Secretary MOTION: Councilmember Mel l�Zeaseles 2ND: Councilmember Kitten Hajecate APPROVED: Unanimousl_y Tech Fund Page 3