2004M40-MUNICIPAL COURTORDINANCE NO. DY-- M -'O
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
REPEALING ORDINANCE NO. 99 -M -20, MUNICIPAL COURT
TECHNOLOGY FUND, AND ESTABLISHING NEW ORDINANCE
FOR A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING
FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL
COURT TECHNOLOGY FEE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PUBLICATION, AND PROVIDING A
REPEALING CLAUSE.
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
A. 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. Establishment 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 or municipal court of record 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
A. The Fund shall be used only to finance the purchase of or to maintain
technological enhancements for the municipal court or the municipal court of
record 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. Repealing Conflicts
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of conflict with this ordinance, City of Schertz Ordinance No.
99 -M -20.
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.
Approved on first reading, the f (¢.day of n , 2004.
PASSED, APPROVED AND ADOPTED on this the / day of 004.
Mayor, City of Schertz
ATTEST:
Ci S�c tary, City of Schertz
(SEAL OF CITY)
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
1
Before me, the undersigned authority, on this date personally appeared
known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette- Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper __L time(s) before the return day named therein, such
publications being on the following dates:
and a newspaper copy of which is hereto attached.
Approved on first read -
ing the 16th day of
November 2004,
City Secretary,
Norma Althouse
Sworn to and subscribed before me this = day of
A.D., 2004.
_ Fatrm f
Notary Public, Guadalupe County, Texas
SCHERTZ, TEXAS S E-
PEALING ORDINANCE
NO. 99 -M-20, NUMICI-
TECH -
PAL COURT
NOLOGY FUND, AND
ESTABLISHING NEW
ORDINANCE FOR A
MUNICIPAL COURT
TECHNOLOGY FUND;
PROVIDING FOR THE
ASSESSMENT AND
AN ORDINANC ` OLLECTION OF A
COURT
MUNICIPAL
TECHNOLOGY FEE;
AN ORDINANCE
THE CITY COUNCIL
PROVIDING FOROV
OF THE CITY OF
ERABILITY; ID-
ING FOR PUBLICA-
TION, AND PROVID-
ING A REPEALING
CLAUSE.
Approved on first read -
ing the 16th day of
November 2004,
City Secretary,
Norma Althouse
Sworn to and subscribed before me this = day of
A.D., 2004.
_ Fatrm f
Notary Public, Guadalupe County, Texas
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow
�Lt 0
,(O ally
ti
, known to me, who, being by me duly sworn, on
his oath deposes- and says that he is the Publisher of The Seguin Gazette - Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper l time(s) before the return day named therein, such
publications being on the following dates:
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this c>�
A.D., 2004.
MARGARET L. CLARKSGN
P ' s Nat -Y Pum, Sate Of Texas `v
�R My C,"nis" Fvas Feb 25, 2M
Tf-
ORDINANCE
NO. 04-M-40 [.:r
AN ORDINANCE BY
THE CITY COUNCIL
OF THE CITY OF
SCHERTZ, TEXAS RE-
PEALING ORDINANCE
NO. 99 -M -20, MUNICI-
PAL COURT TECH-
NOLOGY FUND, AND
ESTABLISHING NEW
ORDINANCE FOR A
MUNICIPAL COURT
TECHNOLOGY FUND;
PROVIDING FOR THE
ASSESSMENT AND
COLLECTION OF A
MUNICIPAL COURT
TECHNOLOGY FEE;
PROVIDING FOR SEV-
ERABILITY; PROVID-
ING FOR PUBLICA-
TION, AND PROVID-
ING A REPEALING
CLAUSE.
day Of PASSED, APPROVED
y AND ADOPTED the 1st
day of December 2004
Deputy City Secretary,
Mary Ybarra
'K
Notary Public, Guadalupe County, Texas