G-05-08-11-10C1 - 8/11/2005ORDINANCE NO. g -0b081 i -)Oa 1
AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.2205, CODE
OF ORDINANCES (1995 EDITION) CITY OF ROUND ROCK, TEXAS,
REGARDING EXPIRATION OF THE MUNICIPAL COURT
TECHNOLOGY FEE ASSESSMENT; PROVIDING A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances
that are for the good government, peace, or order of the
municipality; and
WHEREAS, the City of Round Rock, Texas has previously enacted
provisions in its Code of Ordinances relating to the Municipal
Court Technology Fee as authorized under Article 102.0172 of the
Texas Code of Criminal Procedure, said provisions containing a
clause providing for the termination of the assessment and
collection of said fee on September 1, 2005; and
WHEREAS,effective September 1, 2003, Article 102.0172 of the
Texas Code of Criminal Procedure was amended to eliminate the
provision that provided for the termination of the assessment and
collection of the Municipal Court Technology Fee; and
WHEREAS, in order to be in compliance with State law and
provide for the good government of the City of Round Rock, the Code
of Ordinances should be amended to eliminate the termination of the
assessment and collection of the Municipal Court Technology Fee;
Now Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
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I.
That Chapter 1, Section 1.2205, Code of Ordinances (1995
Edition) City of Round Rock, Texas is hereby amended to read as
follows:
1.2205 MUNICIPAL COURT TECHNOLOGY FEE
The municipal court is authorized to collect a municipal court technology fee of $4.00 per
conviction. The fees collected pursuant to this subsection shall be paid into the city treasury for
deposit in a fund to be known as the municipal court technology fund. Funds collected pursuant
to this subsection shall be expended as authorized by Article 102.0172 of the Texas Code of
Criminal Procedure, as amended.
IL
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
2
READ, PASSED, and ADOPTED on first reading this 1 /
day of , 2005.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of , 2005.
W , Mayor
of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
3
DATE: August 5, 2005
SUBJECT: City Council Meeting - August 11, 2005
ITEM: 10.C.1. Consider an ordinance amending Chapter 1, Section 1.2205 of the
Round Rock Code of Ordinance regarding expiration of the Municipal
Court Technology Fee Assessment. (First Reading)
Department: Municipal Court
Staff Person: Tracie Glaeser
Justification:
The original state statute included the expiration date for collection these fees of September 30,
2005. The ordinance passed authorizing the collection of these fees included that expiration
date. The statute has since been amended to remove the expiration date.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Background Information:
The original ordinance was passed in 2001; Ordinance # (attached)
Public Comment: N/A