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2005-217S 10u, a-nntsormancdOvVIICI ah Nna ra vd me ORDINANCE NO. 261a5`217 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-289 BY SETTING THE MUNICIPAL COURT TECHNOLOGY FEE AT $4.00; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 102.0172 of the Code of Criminal Procedure provides 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 Article 102.0172 of the Code of Criminal Procedure. The Fund may be maintained in an interest bearing account and may be maintained 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 in the Municipal Court as a cost of court. A defendant is considered convicted if: (1) a sentence is imposed on the person; (2) the person is placed on community supervision, including deferred adjudication community supervision; or (3) 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 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 Municipal Court Technology Fund. SECTION 3. The Fund shall be used only to finance the purchase of technological enhancements for the Municipal court of the City of Denton, Texas, including: (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; or (8) docket management systems. The Fund shall be administered by or under the direction of the City Council of the City of Denton, Texas. S: auooroo~~msommd~~.rosvn~~~n TRhr df~ortaa SECTION 4. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective 14 days from the date of its passage and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. PASSED AND APPROVED this the 1~4 day of 2005 jLl EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Gl agy,4 4 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: Page 2