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HomeMy Public PortalAboutOrdinance No. 864-99 08-10-1999 ORDINANCE NO. 864-99 • AN ORDINANCE AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 25 "MUNICIPAL COURT TECHNOLOGY FEE"; PROVIDING FOR IMPOSITION OF A $4.00 TECHNOLOGY FEE AS A COST OF COURT; CREATING A MUNICIPAL COURT TECHNOLOGY FUND; SPECIFYING PERMITTED USES FOR SAID MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature has authorized municipalities to impose a fee of up to $4.00 upon persons convicted in municipal court, said fee to be used only for municipal court technology purposes; and WHEREAS, it is the desire of the Richland Hills City Council to impose said fee by this Ordinance, in order to provide additional municipal court technology equipment and services through the use of said fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • OF RICHLAND HILLS, TEXAS: I. That Chapter 1 "GENERAL PROVISIONS" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amendedby the addition thereto of a new Section 25 "Municipal Court Technology Fee", which new Section shall hereafter be and read as follows: SECTION 25 "MUNICIPAL COURT TECHNOLOGY FEE" (a) There is hereby imposed, as a cost of court, a technology fee of $4.00 per conviction in the Richland Hills Municipal Court of Record. (b) For purposes of this Section, a person is considered convicted if: (1) A fine is imposed on the person; (2) The person receives community supervision, including deferred adjudication; or (3) The Court defers final disposition of the person's case. (c) There is hereby created a fund to be known as the Municipal Court Technology • Fund. All fees colleted under this Section shall be deposited into said Municipal ORDINANCE NO. PAGE 1 court Technology Fund. This fund may be used only to finance the following items • when used for the purpose of providing technological enhancements for the Richland Hills Municipal Court of Record, including: (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; and (8) docket management systems. (d) The Municipal Court Technology Fund shall be administered under the direction of the City Council. II. • Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 1 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas; PROVIDED, however, that the new fee imposed hereby shall only be collected upon convictions for offenses which were committed on or after such effective date. • ORDINANCE NO. 864-99 PAGE 2 • PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the lOtlalay of August, 1999, by a vote of 4 ayes, 0 nays, and 0 abstentions. ~~~.~``~~CHLAN`~ APPROVED: =v / : ~ C. F. Kelley, Mayor s ~ c~ ATTEST: • ~?iuinnm~~~`~~ Terri Willis, City Secretary RO AS TO FORM AND LEGALITY: • J~xe~t~:-~ri~s, ity Attorney Paul Francis G:\Docs\R\RHills\Ord-MunCt Tech. Fee.wpd ORDINANCE NO. 864-99 PAGE 3