HomeMy WebLinkAboutORD 99-64 - Court Technology FeeWHEREAS, the 76`x' Legislature of the State of Texas passed Senate Bill 601, which
amended Article 102.0172 of the Code of Criminal Procedure to provide for (i) the establishment
of a Municipal Court Technology Fund Account and (ii) the assessment and collection of a
Municipal Court Technology Fee;
WHEREAS, Senate Bill 601 became effective September 1, 1999 and expires September 1,
2005; and
WHEREAS, the City of Georgetown, Texas, wishes to establish
Technology Fund" and the imposition of a Municipal Court Technology
purchase of technological enhancements for the Municipal Court of the
Texas, including:
a "Municipal Court
Fund to finance the
City of Georgetown,
1* computer systems;
2. computer networks;
3. computer hardware;
4. computer software;
51 imaging systems;
6. electronic kiosks;
7. electronic ticket writers;
8. docket management systems;
9. and other allowed items as State law may hereafter be amended to include or delete from
this list;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following policy of the Century Plan -Policy Plan Element:
1. Finance Policy End 14.0, which states: "All municipal operations are conducted in an
efficient business -like manner and sufficient financial resources for both current and future
needs are provided",
and fiuther finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan.
SECTION 2 Chapter 4.40, entitled "Municipal Court Technology Fund", of the Code of
Ordinances of the City of Georgetown, Texas, is hereby added. Section 4.40.010 is hereby
added to read as follows:
4.40. 10 Created — Administration — Fee.
(a) As authorized by Article 102.0172 of the Texas Code of Criminal Procedure there is
hereby created a municipal court technology fund account. Each defendant convicted of a
misdemeanor offense in the municipal court shall pay a four -dollar ($4.00) security fee as a court
cost, which fee shall be deposited in the city treasury to the credit of the account. A person is
considered "convicted" for purposes of this court cost fee under any of the circumstances
provided in Texas Code of Criminal Procedure Article 102.0172 (b).
(b) The account created in subsection (a) shall be administered under the direction of the
City Council and may only be used to finance the purchase of technological enhancements for
the Municipal Court as more particularly provided in Article 102.0172 (d) of the Texas Code of
Criminal Procedure.
(c) The Municipal Court clerks are hereby authorized and required to collect the fee and to
pay same to the treasury of the City of Georgetown, Texas, and shall be deposited in a account to
be known as the Municipal Court Technology Fund.
(d) In accordance with Article 102.0172 of the Texas Code of Criminal Procedure, the
assessment and collection of the Municipal Court Technology fee expires September 1, 2005.
Any funds remaining in the Fund shall continue to be used and administered as required by this
ordinance.
SECTION 3. If any provision, section, subsection, sentence, clause or phrase of this Ordinance,
or the application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Georgetown, Texas in adopting this ordinance, that no portion
thereof or provision contained herein shall become inoperative or fail by any reason of
unconstitutionality or invalidity of any portion or provision.
SECTION 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in (10) ten days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown,
but in no case shall the fee provided for in this ordinance be assessed or collected before January
112000,
PASSED AND APPROVED on First Reading on the 23rd day of November, 1999,
PASSED AND APPROVED on Second Reading on the 14th day of December, 1999,
ATTEST:
City Secretary
APPRO D fAS TO FORM:
Arturo D. Rod
Assistant City
THE CITY OF GEORGETOWN:
Ellen Kersch
Mayor
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