HomeMy WebLinkAbout028258 ORD - 07/28/20091
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 29 MUNICIPAL COURT, REGARDING JUVENILE CASE
MANAGER FEE INCREASE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 29-52 of the City of Corpus Christi Code of Ordinances is amended
to increase the juvenile case manager fee as follows:
"Sec. 29-52. Juvenile case manager fee.
(a) There is created a juvenile case manager 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
of record shall pay a three dollar ($3.00) five dollar ($5.00) juvenile case
manager fee as a court cost. This fee does not apply to parking citations.
(c) For 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, including deferred proceedings
under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure.
(d) The municipal court of record judge is authorized to waive this fee in a case
of financial hardship, for example, if a municipal court of record judge has
determined that the defendant is indigent, or has insufficient resources or
income, or is otherwise unable to pay all or part of the underlying fine or
costs.
(e) The municipal court of record 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 manager fund.
(f) The juvenile case manager fund may be used only to finance the salary and
benefits of a juvenile case manager employed by the municipal court of
record under Article 45.056 of the Texas Code of Criminal Procedure.
(g) The municipal court of record, on approval of the city council, may employ (1)
one or more full-time juvenile case managers to assist the court in
administering the courts juvenile docket and in supervising its court orders in
juvenile cases.
(h) This fund shall be administered by or under the direction of the city council.
(i) This fee applies only to conduct that occurs on or after January 1, 2006.
H:\LEG-DIR\Lisa\2009 Ordinance\Juvenile Case Manager fee.DOC
028258
INDEXED
2
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. This Ordinance takes effect on August 1, 2009.
SECTION 4. 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.
H:\LEG-DIR\Lisa\2009 Ordinance\Juvenile Case Manager fee.DOC
That the foregoing ordinAnce was read f r the first time and passed to its second
reading on this the /11M day of , 2009, by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the 02r day of , 2009, by the following vote:
NO
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
PASSED AND APPROVED, this the ,4X —' day of
ATTEST:
61-1-1-xucae_
Armando Chapa
City Secretary
APPROVED as to form: July 2, 2009
By: to;
Lisa Ag , Assistant City Attorney
for City A orney
, 2009.
Joe Adafne,elatlef
Mayor
028258
EFFECTIVE DATE
/411--1, 2109
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5912711
Po #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
dAga6S
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. -825 -which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
8/3/2009, 8/5/2009.
$ 102.57
LEG ice' EPRESENTIVE
1Time(s)
On this Jj.[L'day o , I certify that the attached document
is a true and an exact copy ade y publisher.
*1:
:�'f\ ' GWENN J. MEDINA Not ry Public, State of Texas
MY COMMISSION EXPIRES
August 2, 2012
I
CALLER TIMES a August 3, 2009 5E
NOTICE OF
PASSAGE OF
ORDINANCE NO.
028258
• Amending the Code'
of Ordinances, City of
Corpus Christi, Chap-
ter 29 Municipal
Court, regarding
Juvenile Case Man-
ager Fee increase;
and providing for
publication. This ordi-
nance was passed
and approved by the
City .Council of the
City of Corpus Christi
on its second reading
on July 28, 2009.
This ordinance is ef-
fective August ,1 ,
2009.
/s/Armando Chapa
City Secretary
City of Corpus Christi