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ORD 1999-18TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 1999- 18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CREATING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING PROCEDURES FOR COLLECTION AND ADMINISTRATION OF THE FUND; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 601 was adopted by the Texas Legislature and becomes effective on September 1, 1999, providing for the creation of a Municipal Court Technology Fund by a municipality, by amending Subchapter A, Chapter 102, Code of Criminal Procedure, by adding Article 102.0172; and WHEREAS, Article 102.0172 provides that a defendant convicted of a misdemeanor offense in a municipal court may be required to pay a technology fee not to exceed $4.00 as a cost of court. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. CREATION OF FUND Pursuant to Article 102.0172 of the Code of Criminal Procedure, a Municipal Court Technology Fund is hereby created. SECTION 2. COLLECTION AND ADMINISTRATION OF FUNDS The Municipal Court Clerk of the Town of Trophy Club, Texas, and/or his or her designee shall collect a court technology fee in the amount of $4.00 from each and every defendant convicted of a misdemeanor offense. A fee shall be collected for each and every separate and distinct offense for which a defendant is convicted. Article 102.0172 states that a person 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. The Municipal Court Cleric of the Town of Trophy Club, Texas, and/or his or her designee shall collect the costs and pay the funds to the Municipal Treasurer, or to any other official who discharges the duties commonly delegated to the Municipal Treasurer, for deposit into a fund to be TOWN OF TROPHY CLUB ORDINANCE 1999- 5:15I-[AREILAW WPITIFFANYITROPI-IYCLIORDINANCICOURTTEC.ORD PAGE I known as the Municipal Court Technology Fund. The Municipal Court Technology Fund may be used only to finance the purchase of technological enhancements for a Municipal Cour_-. including. (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; and (8) docket management systems. The Municipal Court Technology Fund shall be administered by or render the direction of the Town Council. SECTION 3. SAVINGS CLAUSE All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinances of the Town affecting court technology, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE CLAUSE That this Ordinance shall be cumulative of all provisions of other Ordinances and shall not repeal any of the provisions of said Ordinances except those instances where they are in direct conflict with the provisions of this Ordinance, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION b. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Publication Clause and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. TOWN OF TROPHY CLUB ORDINANCE 1999- S:1SlIAREILAW WPITIFFANYITROPI-iYCLNORDINANCICQURTTEC.OP-D PAGE 2 SECTION 7. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to publish in the Official newspaper of the Town of Trophy Club, the Caption, and Effective Date clause of this Ordinance for two (2) days as required by Section 52.911 of the Texas Local Government Code. SECTION 8, EFFECTIVE DATE This Ordinance shall apply only to offenses committed on or after September 1, 1999, and shall be in full force and effect from and after September 1, 1999. AND IT IS SO ORDAINED PASSED AND APPROVED by a vote of 4 to 0 , this the 20th day of July '1999. Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy dub, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas TOWN OF TROPHY CLUB ORDINANCE 1999- S:ISI-IAREILAW WPITIFFANYITROPIIYCUORDINANCICOURTTEC.ORD PAGE 3