HomeMy WebLinkAboutOrdinance - 2003-O0102 - Establishing Municipal Court Technology Fund And Technology Fees. - 09/18/2003First Reading
September 18, 2003
Item No. 13
ORDINANCE NO. 2003-00102
Second Reading
October 9, 2003
Item No. 65
AN ORDINANCE CREATING A MUNCIPAL COURT TECHNOLOGY
FUND PURSUANT TO VERNON'S ANN.CODE OF CRIMINAL PROCEDURE
ARTICLE 102.0172; AND PROVIDING A SAVINGS CLAUSE.
WHEREAS, Vernon's Ann.C.C.P. Art. 102.0172, authorizes the governing body
of a municipality to create by ordinance a municipal court technology fund; and
WHEREAS, such statute authorizes the governing body to require defendants
convicted of misdemeanor offenses in municipal court to pay a technology fee (not to
exceed $4) as a cost of court for deposit in such fund to be used for those purposes
enumerated by the statute; and
WHEREAS, the City Council of the City of Lubbock believes it to be in the best
interest of the citizens of the City of Lubbock to create a municipal court technology fund
and require that technology fees be collected and deposited into such fund as authorized
by law; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a municipal court technology fund is hereby created.
SECTION 2. THAT any defendant convicted of a misdemeanor offense in the
Lubbock Municipal Court of Record as defined by Vernon's Ann.C.C.P. Article
102.0172, except for defendants convicted of parking offenses, is hereby required to pay
a $4 technology fee to the clerk of such court as a cost of court.
SECTION 3. THAT the clerk of the Lubbock Municipal Court of Record is
hereby authorized and directed to collect the technology fees hereinabove authorized and
deposit the same into the municipal court technology fund as soon as is reasonably
practicable.
SECTION 4. THAT the technology fees collected and deposited into the
municipal court technology fund shall be used to finance only those items authorized by
Article 102.0172 as appropriate.
SECTION 5. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 18th day of September , 2003.
Passed by the City Council on second reading this 9th day of October , 2003.
ATTEST:
n
eb cca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
ald G. Vandiver, Attorney Counsel
DDOrd/MunCtTechFundOrd
September 8, 2003
2