O437ORDINANCF, NO. 437
AN ORDINANCE AMENDING CHAPTER 14, OF THE KENNEDALE CITY
CODE (1991), AS AMENDED, ESTABLISHING A JUVENILE CASE
1\IANAGER FUND; PROVIDING FOR THE ASSESSMENT AND
COLLECTION OF A JUVENILE CASE MANAGER FEE; PROVIDING
THAT THIS ORDINANCE SHALL SE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVF.RABiLiTY CLAUSE; PROVIDING
FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in its 79th Regular Legislative Session, the Texas Legislature amended the
Texas Code of Criminal Procedure, by adding a new Section 102.0174 thereto, which amendment
authorizes municipalities, by ordinance, to create a Juvenile Case Manager Fund," hereinafter
referred to as the "Fund," and require defendants convicted of 'fine-only misdemeanor offenses' to
pay a case manager fee not to exceed five dollars ($5.00) into such Fund, as a cost of court, and
providim~ the purposes for which the Fund may be used; and
~'~'HEREAS, the City Council has considered the implementation of such a Fund, related to
the City'> Municipal Court, and has determined that the Fund would benefit the operations of the
Municipal Court, as well as the health, safety and welfare of the Kennedale community at large, by
providing the youth of the City with access to a juvenile case manager for the court.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THF. CITY OF KENNEDALE, TEXAS:
SECTION 1.
A. EST;~BLISH'~IENT OF JUVENILE CASE MANAGER FUND
(1) 't'here is hereby created and established a Juvenile Case Manager Fund pursuant to
Article 102.0174, Texas Code of Criminal Procedure, as amended by H.B. 1575, 79`x'
Tex. Leg. 2005.
(2) The Fund may be maintained in an interest-bearing account and may be maintained in
the general revenue account.
B. ESTABLISHMENT OF AMOUNT OF THE FEE AND ASSESSMENT AND
COLLECTION
(1) The lee shall be live dollars ($5.00), unless a greater sum is allowed by state law, in
which case the amount of the fee shall be the maximum amount allowed by state law.
(2) The fee shall be assessed and collected from a defendant who is convicted of a "fine
only misdemeanor offense" in the City of Kennedale Municipal Court as a cost of
court. For purposes of this section, a defendant is considered convicted of an offense
if:
a. a sentence is imposed on the defendant by the Court; or
b. the defendant receives deferred disposition from the Court, including deferred
proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal
Procedure.
(3) The fee shall be applicable on all convictions for an offense committed on or after
January 1, 2006.
(4) The fee shall be collected on all convictions on or after September 1 1, 2009.
(5) The Municipal Court Judge may waive the fee in cases of demonstrated financial
hardship on the part of a convicted defendant if the defendant is indigent, has
insufficient resources or income to pay the fee, or is otherwise unable to pay all or part
of the underlying fine or costs.
(6) The fee shall be collected by the Court Clerk and paid to the Director of Finance for
deposit into the Fund established under subsection A of this section.
C'. DESIGNATED USE OF THE FtIND AND ADMINISTRATION
(1) The Fund shall be used only to finance the salary and benefits of a Juvenile Case
Manager that is employed by the Municipal Court of the City of Kennedale under
Texas Code of Criminal Procedure, Article 45.056(a).
(2) The Fund shall be administered by or under the direction of the City Council of the
City of Kennedale
D. JUVENILE CASE MANAGER
(1) The City Council hereby authorizes the Municipal Court of the City of Kennedale to
employ one or more full-time or part-time Juvenile Case Managers to provide services
in cases involving juvenile offenders before the Court consistent with the Court's
statutory powers.
SECTION 2.
phis Ordinance shall be simulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provision of such ordinances except in those instances when provisions
of such ordinances are in direct conflict with the provisions of this ordinance, in which the event the
conflicting provisions of such ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences. paragraphs, and sections of this ordinance are severable, and if any phrase. clause,
sentence. paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
phis ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 10th day of September 2009.
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CI"I'Y OF K1/NN1~.llALE, "1'L:XAS:
MAYOR. BRYAN LANKHORST
KATHY l U ER, CITY SECRF,TARY