HomeMy WebLinkAbout1379 08-24-1999ORDINANCE NO. 1 379
AN ORDINANCE AMENDING, DIVISION 2, "MUNICIPAL COURT" OF
ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TEXAS, BY THE ADDITION THERETO OF A NEW
SECTION 2.138 "MUNICIPAL COURT TECHNOLOGY FEE "; PROVIDING
FOR IMPOSITION OF A $4.00 TECHNOLOGY FEE AS A COST OF
COURT; CREATING A MUNICIPAL COURT TECHNOLOGY FUND;
SPECIFYING THE PERMITTED USES FOR SUCH FUND; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has authorized municipalities to impose a fee of up to
$4.00 upon persons convicted in municipal court, said fee to be used only for municipal court
technology purposes; and
WHEREAS, it is the desire of the Euless City Council to impose said fee by this Ordinance,
in order to provide additional municipal court technology equipment and services through the use
of said fee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
That Division 2, "Municipal Court" of Article III of Chapter 2 of the Code of Ordinances,
City of Euless, Texas be hereby amended by the addition thereto of a new Section 2.138 to be
entitled "Municipal Court Technology Fee ", and renumbering the current Section 2.138 entitled
"EULESS MUNICIPAL COURT OF RECORD NUMBER 1, as Section 2.139, which new Section
2.138 shall hereafter be and read as follows:
SECTION 2.138 "MUNICIPAL COURT TECHNOLOGY FEE"
(a) There is hereby imposed, as a cost of court, a technology fee of $4.00 per conviction
in the Euless Municipal Court of Record.
(b) For purposes of this Section, a person is considered convicted if:
(1) A fine is imposed on the person;
(2) The person receives community supervision, including deferred adjudication;
or
(3) The Court defers final disposition of the person's case.
ORDINANCE NO. 1379 PAGE 1
(c) This fund may be used only for the purposes specifically authorized by Article
102.0172 of the Texas Code of Criminal Procedure as same now exists or may be
hereafter amended.
(d) The Municipal Court Technology Fund shall be administered under the direction of
the City Council.
II.
Severability Clause. That 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
please, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or 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 City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
III.
Saving Clause. That Article III of the Code of Ordinances of the City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas and shall apply
only to offenses committed on or after September 1, 1999. For purposes of this Section, an offense
was committed before September 1, 1999, if any element of the offense occurred before that date.
PRESENTED AND GIVEN FIRST READING AND FINAL READING at a regular
meeting of the Euless City Council on the 24th day of August 1998; by a vote of 7
ayes, 0 nays and 0 abstentions.
APPROVED:
Mary LilYSaleh, Mayor
ORDINANCE NO. 1379 PAGE 2
ATTEST:
d '
usan Crim, C{ C, City Secretary
APPROVED AS FORM:
Bob McFarland, City Attorney
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ORDINANCE NO. 1379 PAGE 3