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Ordinance No. 8,663990826 -4 ORDINANCE NO. 8663 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING A MUNICIPAL COURT , TECHNOLOGY FUND; MAKING PROVISIONS FOR THE ASSESSMENT AND COLLECTION OF A TECHNOLOGY FEE IN THE AMOUNT OF FOUR AND NO /100 DOLLARS ($4.00) AS A COST OF COURT; PROVIDING FOR THE ADMINISTRATION OF THE MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, pursuant to Section 102.0172 of the Texas Code of Criminal Procedure, the City Council of the City of Baytown desires to create a Municipal Court Technology Fund; and WHEREAS, the Municipal Court Technology Fund may be used only to finance the purchase of technological enhancements for the City's municipal court, including: ➢ computer systems; ➢ computer networks; ➢ computer hardware; ➢ computer software; ➢ imaging systems; ➢ electronic kiosks; ➢ electronic ticket writers; and ➢ docket management systems; and WHEREAS, in support of such fund, the City Council finds it in the best interest of the City of Baytown to require a defendant convicted of a misdemeanor offense in municipal court to pay a technology fee of FOUR AND NO /100 DOLLARS ($4.00) as a cost of court; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That pursuant to Section 102.0172 of the Texas Code of Criminal Procedure, the City Council of the City of Baytown, Texas, hereby creates the Municipal Court Technology Fund for the purpose of financing the purchase of technological enhancements for the City's municipal court. Section 2: That to finance the fund established in Section 1 hereof, the City Council hereby requires that a defendant convicted of a misdemeanor in the City's municipal court to pay a technology fee of FOUR AND NO /100 DOLLARS ($4.00) as a cost of court. For purposes of this section a person will be considered convicted if (i) a sentence is imposed on the person; (ii) the person is placed on community supervision, including deferred adjudication community supervision; or (iii) the court defers final disposition of the person's case. is Section 3: That the Municipal Court Clerk of the City is hereby directed to collect the technology fee in accordance with this ordinance, and pay the funds to the Treasurer, for deposit 990826 -4a ® in the Municipal Court Technology Fund. The Municipal Court Technology Fund shall be administered under the direction of the City Council of the City of Baytown. Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 6: This ordinance shall take effect on September 1, 1999. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26th day of August, 1999. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, , City Attorney 40 c: k1h I WCounci l\ Ordinances \Mun icipalCourff echnologyFund 2 PETE C. ALFAR0,194ayor