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2006M01-Court ORDINANCE No. 06-M-Ol AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING A JUVENILE CASE MANAGER FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A JUVENILE CASE MANAGER FEE; PROVIDING FOR EMPLOYMENT OF A JUVENILE CASE MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has determined the need for the creation of a Juvenile Case Manager Fund, establishment of a Juvenile Case Manager Fee, and employment of a Juvenile Case Manager authorized by Article 102. 0174 and Article 45.056 of the Texas Code of Criminal Procedure. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; SECTION 1. ESTABLISHMENT OF JUVENILE CASE MANAGER FUND A. There is hereby created and established a Juvenile Case Manager Fund, the "Fund," pursuant to Article 102.0174 of the Texas Code of Criminal Procedure. B. The Fund may be maintained in an interest bearing account in the general revenue account of the City. SECTION 2. ESTABLISHMENT OF AMOUNT OF THE FEE AND ASSESSMENT AND COLLECTION A. The Juvenile Case Manager Fee shall be in the amount of five dollars. B. The Fee shall be assessed and collected from the defendant upon conviction of a fine-only misdemeanor offense in the City's municipal court of record as a cost of court. A defendant 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. C. In the event the judge makes a finding of financial hardship, the judge may waive the Fee imposed by this ordinance. D. The Fee shall be collected on conviction for an offense committed on or after the date of final adoption of this ordinance. E. The clerk of the court shall collect the Fee and pay the Fee to the municipal Treasurer of the City of Schertz or to any other official who discharges the duties commonly delegated to the municipal treasurer, who shall deposit the Fee into the Fund. SECTION 3. DESIGNATED USE OF THE FUND AND ADMINISTRATION A. The Fund shall be used only to finance the salary and benefits of a Juvenile Case Manager employed under Article 45.056 of the Texas Code of Criminal Procedure, to assist the municipal court working primarily administering the court's juvenile docket and supervising its court orders in juvenile cases brought under Sections 25.093 and 25.094 of the Texas Education Code. B. The Fund shall be administered by or under the direction of the City Council of the City of Schertz. SECTION 4. SEVERABILITY If any provision, section, subsection, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Schertz, Texas in adopting this ordinance that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or prOVISIOn. SECTION 5. REPEALING CONFLICTS All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 6. PUBLISHING AND EFFECTIVE DATE This ordinance shall be published as required by the City Charter but become effective upon final adoption. Approved on the first reading on this the 28th day of December, 2005. PASSED, APPROVED and ADOPTED on this the 3rd day of January 2006. Hal Baldwin,Mayor ATTEST: PUBLIC NOiOOE . - Affidavit of Publisher ORDINANCE NO', 06-M-Ol AN ORDINANCE BY THE' '.fry CITY COUNCIL OF THE CITY ~ .3Cl, ; OF SCHERTZ, TEXAS; EST A- BLlSHING A JUVENILE CASE STATE OF TEXAS MANAGER FUND; PROVID- 'ING FOR THE ASSESSMENT ;l>.Nli>,'-eotclE&1'10WOF A; COUNTY OF BEXAR JL)VENILE CASE MANAGER FEE; PROViDING FOR EM,- PLOYMENT OF A JUVENILE City of Schertz CASE MANAGER; PROVID- iNG ,FOR SEVERABILITY; PROVIDING FOR'PUBLlCA- TION AND AN eFFECTIVE DATE; .. Approved on trrst reading the 28th day of Dacambar, 200S . Before me, the undersigned authority, on this day personally appeared Helen 1. L , Passad, Approvad and by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, Adoptad tha, 3rd, day of general circulation in the City of San Antonio, in the State and County aforesaid, anJanUary.200y~HALBAL1;lWIN, for An Ordinance here to attached has been published in every issue of said new~ Mayor following days, to wit: Allast: , JUDYTOKAR. City Sacr~tary 1/9 01/09/2006. ~) fl ~7f Sworn to and subscribed before me this 9th day of of January, 2006. ~ ;/l. (() F.vOZ;/'A Notary Public in and for Bexar County, Texas. ~ -' - ,-~ j -:,;...:;'~;;.. STELLA A. OROZCO~ ,:~r.-...;;tG-, ..~~.~v DIIRIIr.