ORD 690 09/13/2005 ORDINANCE NUMBER 6 9 0
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, REPLACING
ORDINANCE #509, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY
FUND; PROVIDING FOR THE ASSESSEMENT AND COLLECTION OF A
MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SAVINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Article 102.0172 of the Code of Criminal Procedure provides for the
establishment of a Municipal Court Technology Fund.
BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION 1
ESTABLISHMENT OF 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 Crimi al
Procedures.
B. The Fund may be maintained in an interest bearing account and may be maintained in
the general revenue account.
SECTION 2
ESTABLISHMENT OF THE AMOUNT OF THE FEE AND
ASSESSMENT AND COLLECTION
A. The fee shall be in the amount of four(4)dollars.
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 the court. A defendant 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.
C. The fee shall be collected on conviction for an offense committed on or after October
1, 1999.
D. The clerk of the court shall collect the fee and pay the fee to the municipal treasurer
of the City of Cibolo, who shall deposit the fee into the Municipal Court Technology
Fund.
SECTION 3
DESIGNATED USE OF THE FUND AND ADMINISTRATION
A. The Fund shall be used only to finance the purchase of technological enhancements
for the Municipal Court of the City of Cibolo, Texas, including:
(1) computer systems;
(2)computer networks;
(3)computer hardware;
(4)computer software;
(5)imaging systems;
(6)electronic kiosks;
(7)electronic ticket writers; or
(8) docket management systems.
B. The Fund shall be administered by or under the direction of the City Council of the
City of Cibolo.
SECTION 4
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo,,Texas,
except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinance, in which event the conflicting provisions of such Ordinance are hereby
repealed.
SECTION 5
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of the Ordinances, since the same would have
been enacted by the City Council without incorporation in this ordinance of any such
unconstitutional phrases, clause, sentence,paragraph or section.
SECTION 6
EFFECTIVE DATE
That this Ordinance shall be effective upon the approval of the City Council of the City
of Cibolo, Texas,AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of y for to O against this 13th day of
September,2005.
SIGNED•
*14
J+ y Sutt'i' ayor
ATTEST:
YY nne Griffin, City Se.re .