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1999-289 99-289 FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended bv Ordinance No. 2001-296 08/21/01 JR Amended bv Ordinance No. 2005-217 08/16/05 JR \\CH LGL\VOLl~hared\deptXLGL\Our Documents\Ordmances\99~lunCt Tech fund fee ord doc NOTE' Amended by Ordinance No. 2001-296. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR AN EXPIRATION DATE WHEREAS, Article 102 0172 of the Code of Criminal Procedure provides for the establishment of a Mummpal Court Technology Fund, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 There is hereby created and established a MUmclpal Court Technology Fund, hereinafter referred to as the Fund, pursuant to Article 102 0172 of the Code of Criminal Procedure The Fund may be mmntamed in an interest bearing account and may be mmntalned in the general revenue account SECTION 2. The fee shall be in the amount of $3 75 The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the Municipal Court as a cost of court A defendant is considered convicted if (1) (2) (3) a sentence is imposed on the person, the person is placed on commumty supervision, including deferred adjudication community supervlSlOn~ or the court defers final dispomtlon of the person's case The fee shall be collected on convictions on offenses committed on or after the adoption of this ordinance The clerk of the court shall collect the fee and pay the fee to the municipal treasurer of the City of Denton, who shall deposit the fee into the Mumclpal Court Technology Fund SECTION 3 The Fund shall be used only to finance the purchase of technologacal enhancements for the Munmlpal court of the City of Denton, Texas, including ( 1 ) computer systems, (2) computer networks, (3) computer hardware, (4) computer software, (5) imaging systems, (6) electromc kiosks, (7) electronic ticket writers, or (8) docket management systems The Fund shall be admlmstered by or under the dlrechon of the City Council of the City of Denton, Texas SECTION 4. That all ordinances or parts of ordinances in force when the provisions of this orchnance became effective which are inconsistent, or in conflict with the terms or provisions contained m this ordinance are hereby repealed to the extent of any such conflict ~ That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or apphcation thereof to any person or clmumstances is held Invahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of th~s ordinance, and the City Councd of the City of Denton, Texas, hereby declares it would have enacted such remmning portions despite any such lnvahd~ty ~ That th~s orchnance shall become effective upon passage in accordance with state law, but no earlier then September 1, 1999 TI~.F~C.~LQ.I~ In accordance w~th Article 102 0172 of the Code of Criminal Procedure, this ordinance and the assessment and collection of the Mumc~pal Court Technology fee expires September 1, 2005 The purpose of the use of any funds remmning in the Fund shall continue to be used and administered as reqmred by this ordinance and for that purpose tlus ordmance remains in effect PASSED AND APeROVEDthlsthe 7¢ dayof ~.~,~~t~/} ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 O ANCENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 99-289 BY INCREASING MUNICIPAL COURT TECHNOLOGY FUND FROM $3 75 TO $4 00, PROVIDING FOR TIlE ASSESSMENT AND COLLECTION OF A MLrNICIPAL COURT TECHNOLOGY FEE, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR AN EXPIRATION DATE WHEREAS, Article 102 0172 of the Code of Criminal Procedure prowdes for the establishment of a Municipal Court Technology Fund, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 There Is hereby created and established a Municipal Court Technology Fund, hereinafter referred to as the Fund, pursuant to Arhcle 102 0172 of the Code of Criminal Procedure The Fund may be maintained in an interest beanng account and may be mmntmned in the general revenue account SECTION 2 The fee shall be in the amount of $4 00 The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense ~n the Municipal Court as a cost of court A defendant is considered convicted if (1) (2) (3) a sentence is imposed on the person, the person is placed on community supervision, ~nclu&ng deferred adjudication commumty supervlslOn~ or the court defers final disposition of the person's case The fee shall be collected on convictions on offenses committed on or after the adoption of tNs ordinance The clerk of the court shall collect the fee and pay the fee to the municipal treasurer of the City of Denton, who shall deposit the fee into the Municipal Court Technology Fund SECTION 3 The Fund shall be used only to finance the purchase of technologmal enhancements for the Municipal court of the C~ty of Denton, Texas, ~nclu&ng (1) (2) (3) (4) (5) (6) (7) (8) computer systems, computer networks, computer hardware, computer software, imaging systems, electronic kiosks, electronic ticket writers, or docket management systems The Fund shall be administered by or under the direction of the City Council of the C~ty of Denton, Texas SECTION 4 That all ordinances or parts of ordanances in force when the prov~sions of this ordinance became effective which are mconslstent, or in conflmt with the terms or provisions contmned m this ordinance are hereby repealed to the extent of any such conflict SECTION 5 That ~fany sectaon, subsection, paragraph, sentence, clause, phrase or word in thru ordinance, or apphcat~on thereof to any person or circumstances is held ~nvahd by any court of competent junsdmtlon, such holding shall not affect the vahdlty of the remmmng portions of thru ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remmmng portions despite any such mvahd~ty SECTION 6 That this ordinance shall become effective fourteen (14) days from the date of its passage and the City Secretary ~s hereby d~rected to cause the caption of this ordinance to be published twice in the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, w~tlun ten (10) days of the date of its passage SECTION 7 In accordance with Article 102 0172 of the Code of Criminal Procedure, this ordinance and the assessment and collection of the Municipal Court Technology fee expires September 1, 2005 The purpose of the use of any funds remaining in the Fund shall continue to be used and admlmstered as required by this ordinance and for that purpose this ordinance remains in effect ,2001 PASSED APPROVED th~s the day of EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2