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ORDINANCE NO. 17$_ SEC~~ o ARC ~ S c~~Y
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
ESTABLISHING A MUNICIPAL COURT TECHNOLOGY
FUND; PROVIDING FOR THE ASSESSMENT AND
COLLECTION OF A MUNICIPAL COURT TECHNOLOGY
FEE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Rrticle XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the City of Kennedale desires to establish a Municipal Court Technology Fund
pursuant to Article 102.0172 of the Texas Code of Criminal Procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF
KENNEDALE, TEXAS.
SECTION 1.
A. ESTABLISHMENT OF MUNICIPAL COURT TECHNOLOGY FUND
(1) There is hereby created and established a Municipal Court Technology Fund,
hereinafter referred to as the "Fund," pursuant to Article 102.0172, Texas Code of
Criminal Procedure.
(2) The Fund may be maintained in aninterest-bearing account and may be maintained
in the general revenue account.
B. ESTABLISHMENT OF AMOUNT OF THE FEE AND ASSESSMENT AND
COLLECTION
(1) The fee shall be in the amount of four dollars.
(2) The fee shall be assessed and collected from the defendant upon conviction for a
misdemeanor offense in the City of Kennedale Municipal Court as a cost of court.
A defendant is considered convicted if:
(a) a sentence is imposed on the person;
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' (b) the person is placed on community supervision, including deferred
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adjudication community supervision; or
(c) the court defers final disposition of the person's case.
(3) The fee shall be collected on conviction for an offense committed on or after
September 1, 1999.
(4) The Court Clerk shall collect the fee and pay the fee to the Finance Director of the
City of Kennedale, who shall deposit the fee into the Municipal Court Technology
Fund.
C. DESIGNATED USE OF THE FUND AND ADMINISTRATION
(1) The Fund shall be used only to finance the purchase of technological enhancements
for the Municipal Court of the City of Kennedale, Texas, including:
(a) computer systems;
(b) computer networks;
(c) computer hazdwaze;
(d) computer software;
(e) imaging systems;
(fj electronic kiosks;
(g) electronic ticket writers; or
(h) docket management systems.
(2) The Fund shall be administered by or under the direction of the City Council of the
City of Kennedale.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale,
Texas, except where the provisions of this ordinance aze in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances aze hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, pazagraph, or section of this ordinance shall 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, pazagraphs, and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
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•~ ~ of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 4.
The City Secretary of the City of Kennedale is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions of
this ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof.
SECTION 5.
In accordance with Article 102.0172 of the Code of Criminal Procedure, this ordinance and
the assessment and collection of the Municipal Court Technology fee expires September 1, 2005.
The purpose of the use of any funds remaining in the Fund shall continue to be used and
administered as required by this ordinance and for that purpose this ordinance remains in effect.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 9
DAY OF SEPTIIKBER ,1999.
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MAYOR A'f ~ -,
ATTEST:
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CITY SEC ARY
EFFECTIVE: ~ /~ - ~'9
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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