HomeMy WebLinkAbout1755 09-26-2006ORDINANCE NO. 1755
AN ORDINANCE AMENDING ARTICLE III "OFFICERS AND
EMPLOYEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE
OF ORDINANCES OF THE CITY OF EULESS, TEXAS TO CREATE
A JUVENILE CASE MANAGER FUND AND TO AUTHORIZE
COLLECTION OF A JUVENILE CASE MANAGER FEE IN THE
AMOUNT OF $3.00 AS A COST OF COURT FOR CASES
DISPOSED OF IN THE EULESS MUNICIPAL COURT OF RECORD;
AUTHORIZING THE JUDGE OF THE EULESS MUNICIPAL COURT
OF RECORD TO WAIVE THE FEE IN CASE OF FINANCIAL
HARDSHIP; STATING THE AUTHORIZED USES OF THE JUVENILE
CASE MANAGER FUND; AUTHORIZING, ON FURTHER
APPROVAL OF THE CITY COUNCIL, THE HIRING OF ONE OR
MORE FULL -TIME JUVENILE CASE MANAGERS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas, has general
supervision over the operations of the Euless Municipal Court of Record, and
WHEREAS, the case load of the Euless Municipal Court of Record continues to
increase, and
WHEREAS, a contributing factor to the increase in the case load of the Euless
Municipal Court of Record is the increasing number of cases filed in said court
involving juvenile offenders; and
WHEREAS, a factor further contributing to the increase in the case load of the
Euless Municipal Court of Record is the increase in the number of cases filed against
juveniles for failure to attend school as required by the Texas Education Code, and
cases filed against the parent or guardian of such juveniles for contributing to their
child's failure to attend school as required by law; and
WHEREAS, the Texas Legislature in its 791h regular session passed House Bill
No. 1575, authorizing the City Council to create a Juvenile Case Manager Fund, and
authorized the imposition of an additional court cost in municipal court cases to provide
the revenue for such fund; and
WHEREAS, the Euless City Council, after study, now finds and determines that
the health, safety and welfare of its citizens will best be served by the creation of a
Juvenile Case Manager Fund, to provide the necessary funding for the potential
employment of one or more full -time Juvenile Case Managers to assist the Euless
Municipal Court of Record in administering the Court's juvenile docket and in
supervising its court orders in juvenile cases.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT Division 2 "Municipal Court" of Article III "Officers and Employees" of
Chapter 2 "ADMINISTRATION" of the Code of Ordinances of the City of Euless, Texas,
as amended, be hereby amended by the addition thereto of a new Section 2 -140
"Juvenile Case Manager Fee ", which new section shall hereafter be and read as
follows:
Sec. 2 -140. Juvenile Case Manager Fee
(a) There is hereby imposed, as a cost of court, a Juvenile Case Manager
Fee of $3.00 per conviction in the Euless Municipal Court of Record.
(b) For purposes of this section, a person is considered convicted if:
(1) a fine is imposed on the person;
(2) the person receives a deferred disposition, including deferred
proceedings under Article 45.052 or 45.053 of the Texas Code of
Criminal Procedure.
(c) The Judge of the Euless Municipal Court of Record is hereby authorized
to waive the fee required by this section in cases of financial hardship, to
be determined in the discretion of the Judge.
(d) Fees collected under this section shall be deposited in the Juvenile Case
Manager Fund which is also created hereby. This fund may be used only
to finance the salary and benefits of one or more Juvenile Case Managers
as described under Article 45.056, Texas Code of Criminal Procedure.
(e) The Juvenile Case Manager Fund shall be administered under the
direction of the City Council. Upon further approval of the City Council,
the Euless Municipal Court of Record may employ one or more full -time
juvenile case managers to assist the Court in administering the Court's
juvenile docket and in supervising its court orders in juvenile cases. The
Court may pay the salary and benefits of the Juvenile Case Manager from
the Juvenile Case Manager Fund.
(f) A Juvenile Case Manager employed under this section shall work
primarily on cases brought under sections 25.094 "Failure to Attend
School" and 25.093 "Parent Contributing to Nonattendance ", Texas
Education Code.
SECTION II
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the City Council without
the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION III
SAVING CLAUSE. That Chapter 2 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION IV
EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication as provided by the Euless City Charter and the laws
of the State of Texas.
PRESENTED AND APPROVED on First and Final Reading at a regular meeting
of the Euless City Council on the 26th day of September 2006, by a vote of 7 ayes,
0 nays and 0 abstentions.
APPROVED:
Mary Lib S leh, Mayor
ATTEST:
Lame4z 4�� ,
Susan Crim T C, City Secretary
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