Ord. 0989-1 09-10-01ORDINANCE NO. 989-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO INCREASE THE MUNICIPAL COURT TECHNOLOGY FEE;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE, AN
EXPIRATION 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
for a 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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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. 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
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administered as required by this ordinance and for that purpose this ordinance remains in
effect.
Section 5. 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 6. 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
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 7. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 8. 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 27m day of August ,
A. D., 2001.
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TOM REID
MAYOR
ORDINANCE NO.989-1
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 10' day
of September , A. D., 2001.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
SEPTEMBER 10, 2001)
Voting "Aye" - Councilmembers Tetens, Owens, Marcott,
Wilkins, and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: SEPTEMBER 12, 2001
EFFECTIVE DATE: SEPTEMBER 22, 2001
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS