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HomeMy WebLinkAboutO-2000-2391 e e ORDINANCE NO. 00- ~ ~ 9 I AN ORDINANCE OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AN[) COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR 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 La Porte, Harris County, 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 ($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 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 after this ordinance is adopted. ORDINANCE NO. oo-~ Page 2 e D. The clerk of the court shall collect the fee and pay the fee to the Finance Director of the City of La Porte, Texas, 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 La Porte, 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 La Porte, Texas. 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 La Porte, 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. ORDINANCE NO. 00- ~ ~ I Page 3 e SECTION 5. Repealing Conflict All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 6. Open Meetings Law The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7. Effective Date This Ordinance becomes effective in accordance with state law upon passage and approval. SECTION 8. 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. ORDINANCE NO. 00- ~t1 J Page 4 e PASSED AND APPROVED THIS THE ~ 'JIInA Y OF (VI [tr(1} 2000. CITY OF LA PORTE BY:~ NO A LO, Mayor ATTEST: By e e City of La Porte Municipal Court 913 South 8th Street P.O. Box 705 La Porte, Texas 77572-0705 j" E: F I? Ll,. T<:::. Hf" u;...t:> Presiding Judge J.B. Williamson (281) 471-4683 Associate Judges Denise C. Mitrano Tom Richey INTEROFFICE MEMORANDU:rvIS TO: FRO~l: JOHN AR~1STRONG-.'\SSlST.'\~!T CTTY A'ITORNEY J. B. WILLL\.t\lSON-PRESIDING leDGE ~ AU(iUST 20. 1999 DATE: SUBJECT: ML ~lICIP AL COURT TECHNOLOCY Ft'ND I REVIEWED THE ORDINA.NCE FOR THE f\-fL'NICIPAL COURT I'F.CHNOLOGY FlJND AND 1-11\ VE NO OBJECTIONS. PLEASE FURNISH uS WITH A !3[GI:-':?,:I>IG DATE so THAT THE COURT ~fA Y ADJUST THE FEE A:-'lO FINE SCHEDCLE 11': THE CO~lPUTERAND ON OUR PR.l;-';TED CITA TIOi-j"S. RECEIVED FEB 2 2 2000 ASS'T. CITY MGR./FINANCE .I ... . ...... '. . . 1200 Hwy. 146 Suite 150 P.O. Box 1414 La Porte, Texas 77571 281-471-1234 Fax: 281-471-5763 E-mail: baysun@swbell.net The B · re Sun City of I.a Porte County fo Harris State of Texas Before me the undersigned authority, on this date came and ap~ed Karolyn Kellogg, a duly authorized representative of The Bayshore Sun: a semi-weekly newspaper published and generally distributed in the City of I.a Porte, F.arris County, Texas, and who after being duly ffi.\Orn, swears the attached notice was published in The Bayshore Sun daterl April 02, 2000. , .):.": ~~~Mcef KaJ?0lyn Kellogg A:athel! ized Repl?esentati ve Swc;),rn and subscl?ibed befOl,e'me this f 7'11 day of ~. ,2000.-' ~~!::-~ N0ta:r:y Pl1blic Harl?is County, Texas PUgLIC NO.f1CE ORDINANCE NO. 00-2391 AN ORDINANCE OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVID~ING ~FOR THE ASSES~E AND COL- LECTIOII a~A {MUNICI- PAL CO.:rHNOLO- GY FEE; : OVIDING FOR E RABILlTY; FINDING MPLI~ WITH THE IP, N. ME INGS LAV\(! 0 101 G . FOR EFFE:C:DA , PROVIDING F . EXPI- RATION DATE. CITY OF LA PORTE sJ Norman L. Malone, Mayor ATTESTS: sJ Martha A. Gillett, City Secretary APPROVED: sJ John Armstrong, Assistant City Attomey --... e . 1200 Hwy. 146 Suite 150 P.O. Box 1414 La Porte, Texas 77571 281-471-1234 Fax: 281-471-5763 E-mail: baysun@swbell.net TheB City of I.a Porte County fo Harris State of Texas Before me the undersigned authority, on this date came and ap~ed Karolyn Kellogg, a duly authorized representative of The Bayshore Sun; a sani-weekly newspaper published and generally distributed in the City of I.a Porte, Harris County, Texas, and who after being duly svvorn, swears the attached notice was published in The Bayshore Sun dated 03/29/00 PUBLIC NOTICE OFiL>INAI\i~E NO. 00-2391 AN ORDINANCE OF THE CITY OF LA PORTE. HARRIS COUNTY. TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COL- LE~N 0 A MUNICI- PA.L ~UR TECHNOLO- GY ~r -,E; PR; FOR h VER . FINOJNG ~LIAN E WITH TH . E ME _ INGS LA ; PIG FOR EF .ECTI DATE; ,PROVIDING FOR EXPI- RATION DATE. CITY OF LA PORTE '" sf Norman L. Malone. ~ ~ ~AITESTS'~~ f} A / ~~~~~~e~;iIIett. KaJ?01yn K log APPROVED: 11\. th .....:l '0. t t' sf John Armstrong .n.l:l 0ltlZl:U .~epltesen a lve Assistant City Atto~ey ~ibed Pef""e~ me this ,{l/..:f day of , 2000. , . ~,,~ Sandra E. Bumgarner N0taJty PI:1blic Harris County, Texas