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