Ord. 1238 01-09-06ORDINANCE NO. 1238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FEE;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
PUBLICATION.
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 PEARLAND, 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 $4.00.
B. The fee shall be assessed and collected from the defendant upon conviction
fora misdemeanor offense in the Pearland Municipal Court of Record 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.
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ORDINANCE NO. 1238
C. The fee shall be collected on conviction for an offense committed on or after
the effective date of this ordinance.
D. The clerk of the court shall collect the fee and pay the fee to the Director of
Finance of the City of Pearland, 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 Pearland, 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 Pearland.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit
of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
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ORDINANCE NO. 1238
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption, to be published in the official newspaper of the City of Pearland,
upon passage of such Ordinance. The Ordinance shall then become effective ten (10)
days from and after its publication, or the publication of its caption, in the official City
newspaper.
PASSED and APPROVED ON FIRST READING this the 9th day of January , A.
D., 2006.
TOM REID
MAYOR
ATTEST:
UNG`IN
TY S CRETA
PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day
January, A. D., 2006.
TOM REID
MAYOR
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ORDINANCE NO. 1238
ATTEST:
UN •' IN
ITY ' CRETA
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD SECOND AND FINAL READING
JANUARY 23, 2006
Voting "Aye" - Councilmembers Tetens, Owens, Cole, Marcott, and
Saboe
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: JANUARY 25, 2006
EFFECTIVE DATE: FEBRUARY 5, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date o;_ 20 _e21._
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this fq day o
20 t1'
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
CFO
aura Ann Emmons, Publisher
Notary Public, State of Texas
Puhtshed Jan. 25, 2006
ORDINANCE NO. 1238 ✓
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, ESTABLISHING
A MUNICIPAL COURT
TECHNOLOGY FEE;
HAVING A SAVINGS
CLAUSE, A SEVERABILI-
TY CLAUSE, AND A
REPEALER CLAUSE;
PROVIDING AN EFFEC-
TIVE DATE AND FOR
PUBLICATION.
PASSED and APPROVED
ON FIRST READING this
the 9th day of January ,
A. D., 2006.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
PASSED and APPROVEC
ON SECOND AND FINAL
READING this the 23rc
day January, A. D., 2006
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM
/s/ Darrin M. Coker
City Attorney
VOTING RECORD SEC-
OND AND FINAL READ-
ING JANUARY 23, 2006
Voting "Aye"
Councilmembers Tetens,
Owens, Cole, Marcott, and
Saboe
Voting No - None.
Motion passes 5 to 0.
PUBLICATION DATE:
JANUARY 25, 2006
EFFECTIVE DATE
FEBRUARY 5, 2006
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF
THE CHARTER OF THE
CITY OF PEARLAND.
TEXAS