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HomeMy WebLinkAboutORD 2009-036 ORDINANCE NO. 2009-36 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 8 COURTS AND CRIMINAL PROCEDURES, SECTION 8-13; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Article 102.0172 of the Code of Criminal Procedure provides for the establishment of a Municipal Court Technology Fund; and WHEREAS, Ordinance No. 95-73 established a Municipal Court Building Security Fee, and the City Council finds that it is in the best interest of the City to repeal Ordinance No. 95-73; and WHEREAS, all statutory and constitutional prerequisites for the adoption of this Ordinance have been met, including, but not limited to the Texas Open Meetings Act; and WHEREAS, the City Council deems the adoption of this Ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. That Chapter 8 Courts and Criminal Procedures, Section 8-13 of the Grapevine Code of Ordinances is hereby amended in its entirety and replaced with the following: "Section 8-13. 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. C. Establishment of Amount of the Fee and Assessment and Collection (a) The fee shall be in the amount of three dollars ($3). (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) Judgment, sentence, or both are imposed on the person; (2) The person is placed on deferred disposition; or (3) The court defers final disposition or imposition of the judgment and sentence. (c) The fee shall be collected for convictions on offenses committed on or after ordinance is adopted. (d) The Clerk of the Court shall collect the fee and pay the fee to the municipal treasurer of the of Grapevine, Texas, who shall deposit the fee into the Municipal Court Technology Fund. D. Designated Use of the Fund and Administration (a) The Fund shall be used only for the purpose of financing the purchase of or to maintain technology enhancements for the Municipal Court of the City of Grapevine, Texas. "Technology enhancements" shall include any-a4e1-all items 40D described in Article 102.0172 of the Code of Criminal . ' Procedure. 51i PO (b) The Fund shall be administered by or under the direction of the City Council of the City of Grapevine, Texas." Section 3. Administration of Fund. 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. Section 4. Repeal of Court Building Security Fee. The Municipal Court Building Security Fee of three dollars ($3) is hereby repealed and from the effective date of the passage of this Ordinance shall no longer be charged or collected by the Municipal Court. The Municipal Court may collect any past due fees charged prior to passage of this Ordinance. Any funds remaining in the Municipal Court Building Security Fund shall be spent in accordance with state law until the funds are exhausted. ORD. NO. 2009-36 2 Section 5. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set 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 of the application thereby shall remain in effect, it being the intent of the City Council of the City of Grapevine, 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. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 15th day of September, 2009. APPROVED: P44 William D. Tate Mayor ATTEST: 74e0Linda Huff City Secretary APPROVED AS TO FORM: 7 z John F. Boyle, Jr. City Attorney ORD. NO. 2009-36 3