HomeMy WebLinkAboutO-2005-2391-A (original in 2000)
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3-28-05
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Bude:et
Requested By: Aimee Bird
Source of Funds:
Department:
MUAkiplll CQurt
Account Number:
Report:
Resolution:
Ordinance:
xx
Amount Budgeted:
Ordinance # 2005-2391-A
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is Ordinance # 2005-2391-A, amending Ordinance # 00-2391, by repealing section 8, "Expiration and
Administration of Fund" for the Technology Fee. The original ordinance contained an expiration date of collection
of this fund. However, this was repealed by the Legislature on 9-1-2003. This will allow the court to continue to
collect this fee upon convictions of misdemeanor offenses in the Municipal Court as a cost under SECT 46-6.
Action Required bv Council: Consider approval of attached ordinance to repeal a section of
ordinance calling for the 9-1-2005 expiration date for the technology fund for Municipal Court.
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ORDINANCE NO. 200S-2391-A
AN ORDINANCE AMENDING CITY OF LA PORTE ORDINANCE NO. 00-2391,
ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND AND PROVIDING FOR
THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE,
BY REPEALING SECTION 8, nEXPIRATION AND ADMINISTRATION OF FUND", OF
SAID ORDINANCE, CONTAINING A SEVERABILITY CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. section 8, Expiration and Administration of Fund,
of city of La Porte Ordinance No. 00-2391, which was passed and
approved by City Council on March 27, 2000, is hereby repealed.
Section 2. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this city Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 4.
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 5. This Ordinance shall be in effect from and after
its passage and approval.
PASSED AND APPROVED, this d.1JV- day of ~1hL~ , 2005.
By:
CIT../\ ~F LA PORTE
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Alton E. Porter
Mayor
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Ma t a A. G~ lett
City Secretary
APPROVED:
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Clark T. Askins
Assistant City Attorney
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MUNICIPAL COURT
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(4) Identification cards and systems;
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(5) Electronic locking and surveillance equipment;
(6) Bailiffs, police officers or contract security personnel during times when they are
providing appropriate security services;
(7) Signage;
(8) Confiscated weapon inventory and tracking systems; or
(9) Locks, chains or other security hardware.
(e) Administration. The municipal court building fund created in this section shall be
administrated by or under the direction of the city council.
(Ord. No. 95-2070, ~~ 1-5, 10-9-95)
State law reference-Authority to levy building security fee, Vernon's Ann. C.C.P. art.
102.017.
Sec. 46-5. Bonds and minimum fines.
(a) The city council adopts the schedule of bonds and minimum fines which are printed in
appendix B of this Code.
(b) The clerk of the municipal court is hereby authorized to have the schedule of minimum
fines for traffic violations printed on the reverse side of the violator's copy of traffic citations,
and to furnish such schedule to the city police department for its use.
(c) The clerk of the municipal court is hereby authorized to accept, upon a plea of guilty or
upon a plea of nolo contendere, the amount shown on the opposite of each of the offenses
described in subsection (b) of this section, as a minimum fine therefor, without the necessity
of the violator appearing in court.
(Ord. No. 93-1890, ~~ 1-3, 2-22-93; Ord. No. 96-1890-A, ~ 1, 5-20-96)
Sec. 46-6. Municipal court technology fund.
(a) Establishment.
(1) 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.
(2) The fund may be maintained in an interest bearing account and may l?e maintained in
the general revenue accbunt.
(b) Establishment of amount of the fee and assessment and collection.
(1) The fee shall be in the amount of $4.00.
Supp.N o. 4
CD46:5
S 46-6 LA PORTE CODE
(2) 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:
a. A sentence is imposed on the person;
b. The person is placed on community supervision, including deferred adjudication
community supervision; or
c. The court defers final disposition of the person's case.
(3) The fee shall be collected on conviction for an offense committed after this section is
adopted.
(4) The clerk of the court shall collect the fee and pay the fee to the finance director ofthe
city, who shall deposit the fee into the municipal court technology fund.
(c) Designated use of the fund and administration.
(1) The fund shall be used only to finance the purchase of technological enhancements for
the municipal court of the city including:
a. Computer systems;
b. Computer networks;
c. Computer hardware;
d. Computer software;
e. Imaging systems;
f. Electronic kiosks;
g. Electronic ticket writers; or
h. Docket management systems.
(2) The fund shall be administered by or under the direction of the city council of the city.
(Ord. No. 2391, SS 1-3, 3-27-00)
Editor's note-Section 8 of Ord. No. 00-2391 states: "In accordance with article 102.0172
of the Code of Criminal Procedure, this section 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 section
and for that purpose this section remains in effect."
Supp.N o. 4
CD46:6