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10-33-03-Ordinance-Establishing a Municipal Court Technology Fund-10/06/2003ORDINANCE NO. 10-33-03 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCE 9-15-99; PROVIDING FOR PUBLICATION AND 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. Establishment of Municipal Court Technology Fund A. There is hereby created and established Municipal Court Technology Fund (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 the Municipal Court Technology Fee; Assessment and Collection A. There is hereby established a Municipal Court Technology Fee in the amount of four dollars ($4.00). 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 fine 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 the effective date of this ordinance. D The cleric of the court shall collect the fee and pay the fee to the municipal treasurer of the City of Sanger, who shall deposit the fee into the Municipal Court Technology Fund. Section 3. Designated Use of the Fund and Administration A. The Fund shall be used only to finance the purchase of technological enhancements for the Municipal Court of the City of Sanger, Texas, including: (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; 59649 (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; or (8) docket management systems. (9) maintenance of technology enhancements B. The Fund shall be administered by or under the direction of the City Council of the City of Sanger. Section 4. Severability If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to 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 Sanger, Texas in adopting this ordinance, that no portion thereof of provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision. Section 5. Repealing Conflict That Ordinance No. 9-15-99 and all 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 take effect from and after its passage and the publication of the caption, as the law and Charter in such cases provide. Section 7. Administration of Fund The Municipal Court Technology Fund shall be used and administered as required by Article 102.0172 of the Code of Criminal Procedure and this ordinance. PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger on this the 01' day of October 2003. APPROVED: y 4 ��,= 'sA`�Ammy Kjn aid, Mayor A TEST: 0 City Secretary s \� ROVED AS TO FORM: City Attorney