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