06-082 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06 - 82
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS,
ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND;
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A
MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR A
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (the "Town") has investigated and determined
that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas
("Prosper")to establish a Municipal Court Technology Fund; and
WHEREAS, Article 102.0172 of the Texas Code of Criminal Procedure provides for the
establishment of a Municipal Court Technology Fund.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
Section 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
Section 2. 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
Criminal Procedure.
B. The Fund may be maintained in an interest bearing account and may be
maintained in the general revenue account.
Section 3: Establishment of 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 a defendant upon conviction for a
misdemeanor offense in the Municipal Court as a cost of court. A defendant is
considered convicted if:
(1) judgment, sentence, or both are imposed on the person;
(2) the person is placed on deferred disposition; or
(3) the court defers final disposition or imposition of the judgment and
sentence.
C. The fee shall be collected on conviction for an offense committed on or after the
effective date of this Ordinance.
Page 1
D. The Clerk of the Court shall collect the fee and pay the fee to the municipal
treasurer of The Town of Prosper, Texas, or his/her designee, who shall deposit
the fee into the Municipal Court Technology Fund.
Section 4: Designated Use of the Fund and Administration.
A. The Fund shall be used only for the purpose of financing the purchase of or to
maintain technology enhancements for the Municipal Court of the Town of
Prosper, Texas. "Technology enhancements" shall include any and all items
described in Article 102.0172 of the Code of Criminal Procedure.
Section 5. Administration of Fund. 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. Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Section 7. Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 8. Effective Date. This Ordinance shall become effective immediately upon
adoption.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this 8th day of August, 2006.
CHARLES NISWAN Mayor
ATTESTED :
001111141,1
0...F. PR ®io
, ...•,.O ,
atthew Denton, Town Secretary ;• ;��
•
• *•
•
•
Page 2 a7