O-1755-9-99ORDINANCE NO. 1755-9-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ALLEN, BY ADDING A NEW SECTION 2-73, "MUNICIPAL COURT
TECHNOLOGY FUND," TO ARTICLE IV, "COURTS," OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, AND
RENUMBERING THE PREVIOUS SECTION 2-73, '"CITY SECRETARY TO
SUPERVISE ADMINISTRATION OF MUNICIPAL COURT," OF CHAPTER 2, TO
ESTABLISH A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR
THE IMPOSITION OF AN ADDITIONAL COURT COST OF FOUR DOLLARS
($4.00) FOR PERSONS CONVICTED OF A MISDEMEANOR OFFENSE IN THE
CITY'S MUNICIPAL COURT; PROVIDING FOR THE USE AND DISPOSITION
OF MONIES DEPOSITED WITHIN THE MUNICIPAL COURT TECHNOLOGY
FUND; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABH.rTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 76th Legislature has amended Chapter 102 of the Texas Code of Criminal Procedure to
authorize by ordinance the creation of a Municipal Court Technology Fund and the imposition of a
technology fee as an additional court cost to be paid by persons convicted of misdemeanor offenses in
municipal courts, and
' WHEREAS the City Council of the City of Allen, Texas, finds and determines that a Municipal Court
Technology Fund should be established as provided for hereinafter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That Article W, "Courts," of Chapter 2 of the Code of Ordinances of the City of Allen,
Texas, be and is hereby amended to add Section 2-73, "Municipal Court Technology Fund," to read as
follows:
"ARTICLE IV. COURTS
Sec. 2-73 Municipal court technology fund.
A. There is hereby established and created a Municipal Court Technology Fund in
accordance with Article 102.0172 of Chapter 102 of the Texas Code of Criminal
Procedure to be used only to finance the purchase of technological enhancements
for the Municipal Court of the City of Allen, including:
1.
Computer systems;
2.
Computer networks;
3.
Computer hardware;
4.
Computer software;
5.
Imaging systems;
6.
Electronic kiosks;
LJ'
7. Electronic ticket writers; and
8. Docket management systems.
B. A Defendant convicted of a misdemeanor offense in the Municipal Court shall pay
a technology fee of Four Dollars ($4.00) as an additional cost of court.
C. A person is convicted in accordance with the foregoing subsection 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.
D. The municipal court clerk or administrator shall collect the costs and pay the funds
to the municipal treasurer or other official of the City who discharges the duties
delegated to the municipal treasurer for deposit in a fund to be known as the
Municipal Court Technology Fund.
E. The technology fee to be added as a cost of court shall apply only to convictions for
offenses committed on or after the effective date of this ordinance.
F. The provisions of this ordinance expire September 1, 2005."
SECTION 2. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances of the City of Allen, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision hereof other than the part so decided to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole.
SECTION 4. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and its is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2ND DAY OF SEPTEMBER 1999,
APPROVED: ^1
/ r _—'e— CV
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
12
G. Smith, CITY ATTORNEY
CMC, CITY SECRETARY
Ordinance No. 1755-9-99 Paget