1999M20-MUNICIPAL COURTAn ordinance of the City of Schertz, Texas, establishing a Municipal Court
Technology Fund; providing for the assessment and collection of a municipal
court technology fee; providing for severability; providing for publication and
effective date; providing for expiration date.
Whereas, Article 102.0172 of the Code of Criminal Procedure provides for the
establishment of a Municipal Court Technology fund.
Be it Ordained by the City Council of the City of Schertz, Texas:
Section 1. Establishment of Municipal Court Technology Fund
There is hereby created and established a Municipal Court Technology
Fund, here-in-now known as the Fund, pursuant to Article 102.0172 of the
Code of Criminal Procedure.
B. The Fund may be maintained in an interest bearing account and may be
maintained in the general revenue account.
Section 2. Establt-hment of Amount of the fee and Assessment and Collection
A. The fee shall be in the amount of four dollars.
B. 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.
C. The fee shall be collected on conviction for an offense committed on or after
October 1, 1999.
D. The clerk of the court shall collect the fee and pay the fee to the municipal
comptroller of the City of Schertz, who shall deposit the fee into the Municipal
Court Technology Fund.
Section 3. Designated Use of the Fund and Adminstration
Ao
The Fund shall be used only to finance the purchase of technological
enhancements for the Municipal court of the City of Schertz, 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.
B. The Fund shall be administered by or under the direction of the City Council of
the City of Schertz.
Section 4. Severability
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 Schertz, 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 5. Repe~llng Conflicts
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of conflict with this ordinance.
Section 6. Publishing and Effective Date
This ordinance shall be published in accordance with the requirement of publishing
all ordinances and becomes effect in accordance with state law upon passage, but no
earlier than October 1, 1999.
Section 7. Expiration and Administration of Fund
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 administered as required by this ordinance and
for that purpose this ordinance remains in effect.
Passed, Approved and Adopted on this the
: A~j~st:
City Secretary
day of ~, f~/?' f.
~Cit.~/~/Sche~, Texas
Mayor
PUE LJSHER'S AFFIDAVIT'
';, ~' '~ /2.
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~efcre me, ~e unde~ic~d au~c~/, cn ~is date pe~cn~y
tc me, who, be/rig by me du/y sworn, cs his ca~ deposes
_was ,su~ffshed in s~d sewspaper'
such Pu~f[catfcns being cn ~e fclJc,,vfng datss:
1999
SEPTv, HBhR lb, 1799 ~'ENNYSAVEI~
and a ne',vspaser ccpy cf whfch is hs.~tc a~_ched.
.:wcm to and sutsc~bed befcre me, this '2o
ffmes befcra ~e ra~m da,/n~med the,
AN ORDINANCE
OF THE CITY OF
SCHERTZ., TEXAS, ES-
TABLISHING A' MUNICI-
PAL COURT TECHNOLO-
GY FUND; PROVIDING
FOR THE ASSESSMENT
AND COLLECTION OF A
MUNICIPAL COURT
TECH NOLOGY FEE;
PROVIDING FOR SEVER-
ABILITY; PROVIDING FOR
PUBLICATION AND EF-
FECTIVE DATE; AND,
PROVIDING FOR EXPI-
RATION DATE.
Approved on first reading the
7th day of September, 1999.
Norma Althouse,
City Secretary.
Nctar"t Public, Guadalupe Cuunty, ~exas
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
COUNTY OF GUADALUPE
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DATE
PERSONALLY APPEARED L.A. REYNOLDS
KNOWN TO ME, WHO, BEING BY ME DULY SWORN, ON HIS
OATH DEPOSES AND SAYS THAT HE IS THE PUBLISHER
OF THE GAZETTE-ENTERPRISE, A NEWSPAPER
PUBLISHED IN SAID COUNTY; THAT A COPY OF THE
WITHIN AND FOREGOING AD WAS PUBLISHED IN SAID
NEWSPAPER 2 TIMES BEFORE THE RETURN DAY
NAMED THEREIN SUCH PUBLICATIONS ON THE FOLLOWING
DATE S:
SEPTEMBER 28, 1999
SEPTEMBER 30, 1999
AND A NEWSPA]?ER COPy OF WHICH IS HERETO ATTACHED
/
ORDINANCE NO. 99-M-20
AN ORDINANCE OF THE
CITY OF SCHER'I-Z,
TEXAS, ESTABLISHING A
MUNICIPAL COURT
TECHNOLOGY FUND;
PROVIDING FOR THE
ASSESSMENT AND COL-
LECTION OF A MUNICI-
PAL COURT TECHNOLO-
GY FEE; PROVIDING FOR
SEVERABILITY; PROVID-
ING FOR PUBLICATION
AND EFFECTIVE DATE;
PROVIDING FOR EXPI-
RATION DATE.
PASSED, APPROVED
AND ADOPTED THE 21st
day of September, 1999.
Norma AJthouse,
SWORN TO AND SUBSCRIBED BEFORE ME THIS 4 DAY OF
OCTOBER A.D., 1999
NOTARY PUBLIC, GUADLUPE COUNTY, TEXAS