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HomeMy WebLinkAbout026410 ORD - 08/23/2005 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 29 TO ESTABLISH THE JUVENILE CASE MANAGER FEE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, the Texas Legislature recently enacted Section 102.0174 of the Code of Criminal Procedure in House Bill 1575 to authorize the juvenile case manager fee not to exceed five dollars ($5.00) as a cost of court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 29-52 is added to Chapter 29 of the Code of Ordinances to read as follows: "Sec. 29-52. Juvenile case manaaer fee. "(a) There is created a juvenile case manaqer fee pursuant to Article 102.0174 of the Texas Code of Criminal Procedure. (b) A defendant convicted of a fine-only misdemeanor offense in municipal court shall pay a three dollar ($3.00) juvenile case manaqer fee as a court cost. This fee does not apply to parkinq citations. {glLor purposes of this section, a person is considered convicted if (1) a sentence is imposed on the defendant; or (2) the defendant receives deferred disposition. includinq deferred proceedinqs under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. (d) The municipal court judqe is authorized to waive this fee in a case of financial hardship, for example. if a municipal court judqe has determined that the defendant is indiqent. or has insufficient resources or income. or is otherwise unable to pay all or part of the underlvinq fine or costs. (e) The municipal court administrator shall collect this cost of court and pay it to the city treasurer to be kept in a separate fund known as juvenile case manaqer fund. (f) The iuvenile case manaqer fund may be used only to finance the salary and benefits of a juvenile case manaqer employed by the municipal court under Article 45.056 of the Texas Code of Criminal Procedure. 02'1410 2 (q) The municipal court on approval of the city council may employ one or more full-time iuvenile case manaqers to assist the court in administerinq the court's iuvenile docket and in supervisinq its court orders in iuvenile cases. (h) This fund shall be administered by or under the direction of the City Council. 0) This fee applies only to conduct that occurs on or after January 1, 2006." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect January 1, 2006. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed ~tS effect upon first reading as an emergency measure this the~3..J day of , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary --~ Legal form approved August 9, 2005 y . ~,,--(.+v By: . ol.../vVL / '. . Lisa Aguilar Assistant City Attorney for City Attorney Juvenile case manager fee. DOC Corpus Christi, Texas .)~-"),.vl..Day of ~lL-:J t ' 2005 ,I ,. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, He~J1J He Garre Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett f!1 Brent Chesney ~ Melody Cooper CAy Jerry Garcia a,vI P , ! Bill Kelly ()YIj- Rex A. Kinnison (41'1 John E. Marez ()~f Jesse Noyola (J J.1/-- Mark Scott Q~~ 02fl4tO FiHA~CE OCPARIP.Et1~ >;tate of Texa~5 SEP 12 ~H 10: 31 (.()llntv,)fNueCt's ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5291571 PO # Ikf()re me, the undersigned, a Notary Public, this day personally came Diana HlQoiosa, who being first duly sworn, according to law, says that she is SE:1'JIORCOLLECTOR of the Corpus Chnsti Caller-Times, a daily newspaper published at Corpus Chnsti in said City and State, generally circulated in Aransas Bee, Brooks, Duval, ,Jim Hogg, .Jim Wells, Karnes, Kenedy, Kleberg, [ iV( Oak Nueccs, Refugio. San Patricia, Victoria and Webb Counties, and that I he publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the i ilm,'xed IS a true copy. was Inserted in the Corpus Christi Ca lie r- Times and on I he World Wide Web on the Caller-Times Interactive on the 29TH day(s) of i\U(~UST. 2005. .--....---- ~~2'i1 j',x.O:fL~ ?ti. tM..o-aO.s~ SENIOR COLLECTOR ]\}{<Ll-L) Time(s) Subscribed and sworn to me on the date of AUGUST 30,2005. I ,/d . /))/OJ.ql)YJi(~ ~_.~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. 1 NOTICE OF PASSAGE OF ORDINANCE NO. 026410 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 to establish the Juvenile Case Manager Fee, providing an effective date. This ordinance was passed and approved by the City Council of the City of Corpus Christi on August 23, 2005. Isl Armando Chapa City Secretary City of Corpus Christi