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2001-296 O INANCE NO 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 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 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 ~n 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 thru 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) electromc kiosks, (7) electronic ticket writers, or (8) docket management systems The Fund shall be admimstered by or under the direction of the City Council of the City of Denton, Texas SECTION 4 That all ordinances or parts of or&nances in force when the provisions of this ordinance became effective which are inconsistent, or m conflmt with the terms or prowsions eontmned in th~s ordinance are hereby repealed to the extent of any such conflict SECTION 5 That if any section, subsection, paragraph, sentence, clause, phrase or word in flus ordinance, or apphcaUon thereof to any person or circumstances ~s held invalid by any court of aompetent jurisdiction, such holding shall not affect the vahd~ty of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares ~t would have enacted such remmmng portions despite any such mvahdity SECTION 6 That this ordinance shall become effective fourteen (14) days from the date of its passage and the City Secretary as hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the C~ty of Denton, Texas, within ten (10) days of the date or,ts passage SECTION 7 In accordance with Article 102 0172 of the Code of Criminal Procedure, th~s ordinance and the assessment and collection of the Municipal Court Technology fee expires September l, 2005 The purpose of the use of any funds remaimng ~n the Fund shall continue to be used and administered as reqmred by this ordinance and for that purpose th~s ordinance remains in effect PASSED AND APPROVED ttus the ~ [ ~"-/~ day of ~. ~J~/~ ~ ,2001 EULINE BROCK, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2