HomeMy WebLinkAboutOrdinance 13909.'~. fem. _ T
ORDINANCE NO.~ ~~~
AN ORDINANCE ADDING A NEW SECTION 10-9 TO THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, TO CREATE A
MUNICIPAL COURT TECHNOLOGY FUND AND REQUIRE A
DEFENDANT CONVICTED OF A MISDEMEANOR OFFENSE IN
MUNICIPAL COURT TO PAY A $4 TECHNOLOGY FEE AS A COST OF
COURT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF OTHER CITY ORDINANCES AND REPEALING
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE, PROVIDING FOR APPLICABILITY TO
CERTAIN OFFENSES; AND PROVIDING AN EFFECTIVE DATE AND
AN EXPIRATION DATE..
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
That Chapter 10, "Courts", of the Code of the City of Fort Worth (1986), as amended, is
hereby amended to add a new Section 10-9 to read as follows.
"Sec. 10-9 Municipal court technology fund, technology fee to be collected as a cost of
court.
(a) There is hereby created a municipal court technology fund.
(b) A defendant convicted of a misdemeanor offense in municipal court shall pay a $4
security fee as a cost of court.
(c) For purposes of this section, a person is considered convicted if:
(1) a sentence is imposed on the person,
(2) the person is placed on community supervision, mcludmg deferred
adjudication community supervision, or
(3) the court defers final disposition of the person's case.
(d) The municipal court clerk shall collect the costs and pay the funds to the city
treasurer, for deposit m the municipal court technology fund.
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(e) The mumcipal court technology fund may be used only to finance the purchase of
technological enhancements for the mumcipal court, including:
(1) computer systems,
(2) computer networks;
(3) computer hardware;
(4) computer software;
(5) imaging systems,
(6) electromc kiosks,
(7) electromc ticket wasters; and
(8) docket management systems.
(f) The mumcipal court technology fund shall be admimstered by the City Manager
under the du-ection of the City Council."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the Crty Council without the incorporation m this
ordinance of any such 'unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
This ordinance applies only to a cost on conviction for an offense committed on or after the
effective date of this Act. A cost on conviction for an offense committed before the effective date
of this Act is covered by the law m effect when the offense was committed, and the former law is
continued m effect for that purpose. For purposes of this section, an offense was committed before
the effective date of this ordinance if any element of the offense occurred before that date.
SECTION 5
This ordinance shall be effective September 1, 1999, and in accordance with Article
102.172 of the Code of Cnmmal Procedure, shall expire on September 1, 2005, provided that any
funds m the Mumcipal Court Technology Fund at the expiration of this ordinance shall be
expended for the purposes set forth herein, and rt is so ordained.
.ADOPTED BY CITY COUNCIL
APPROVED AS TO FORM AND LEGALITY
~~'~
Assistant City Attorney
Date ~- a ~ ~- 9
City of Fort Worth, Texas
n-~Ayar And C,aunc~l C,ammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
8/24/99 **G-12638 38TECHNO 1 of 1
SUBJECT ADOPTION OF ORDINANCE CREATING MUNICIPAL COURT TECHNOLOGY FUND
AND RELATED APPROPRIATION ORDINANCE
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached ordinance creating a Municipal Court Technology Fund Project in the Special
Trust Fund and require a defendant convicted of a misdemeanor offense in Municipal Court to pay a
$4 00 technology fee as a cost of the court;, anal
2 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund Municipal Court Technology Fund Project in the amount of $300,000 00 subject
to receipt of technology fee collections
DISCUSSION
The 76th Texas Legislature, during the 1999 regular session, adopted an amendment to Subchapter A,
Chapter 102, Code of Criminal Procedure to allow the governing body of a municipality to create by
ordinance a municipal court technology fund Funding is to be derived from a technology fee not to
exceed $4 00 as a cost of the court to be assessed on defendants convicted of a misdemeanor offense
in a municipal court.
The fund, as designated under this article, may be used only to finance the purchase of technological
enhancements for a municipal court, including computer systems, computer networks, computer
hardware, software, imaging systems, electronic kiosks, electronic ticket writers, and docket
management systems
The legislation takes effect September 1, 1999, and expires September 1, 2005
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Special Trust Fund Municipl Courts
will be responsible for collecting and depositing this fee
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE72 431038 038535010000 ~~~~11~~~
Charles Boswell 6140 FE72 Various 038535010000 ~' ~~°~'"~~ ~~'~~~~~,~~~~~
Originating Department Head:
iJG 2`t 5999
Elsa Paniagua 6711 (from)
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Additional Information Contact: .e..~
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Rebecca Stark 6736
Adopted Qrdir~anc~ N~,~~ Adopted ~1'C~{1"12rCta N0,(Q