Ordinance 2014-10ORDINANCE NO. 2014-10
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
WYLIE'S CODE OF ORDINANCES NO. 2005-07, CHAPTER 34 (COURTS),
ARTICLE H (MUNICIPAL COURT), DIVISION 1 (GENERALLY), BY
ADDING SECTION 34 -25 (JUVENILE CASE MANAGER FUNDING) AND
AMENDING APPENDIX C (WYLIE COMPREHENSIVE FEE
SCHEDULE), SECTION XII (MUNICIPAL COURT); CREATING AND
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A
MUNICIPAL COURT JUVENILE CASE MANAGEMENT FEE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("Cily Council ") has
investigated and determined that the City of Wylie, Texas' ("OW') Code of Ordinances No.
2005 -07, as amended, ( "Code of Ordinances ") should be amended by adding Chapter 34
(Courts), Article II (Municipal Court), Division 1 (Generally), Section 34 -25 (Juvenile Case
Manager Funding) and amending Appendix C (Wylie Comprehensive Fee Schedule), Section XII
(Municipal Court) to create and establish the juvenile case management fee to be assessed and
collected by the City's Municipal Court ( "Municipal Court"); and
WHEREAS, the City Council has investigated and determined that Article 102.0174,
TEX. C. GRIM. PROC., authorizes municipalities, by ordinance, to require a defendant convicted of
a fine -only misdemeanor offense to pay a juvenile case manager fee not to exceed FIVE AND
NO /100 DOLLARS ($5.00) as a cost of court if the municipality employs a juvenile case
manager and provides the purposes for which the Fees may be used; and
WHEREAS, the City Council has further investigated and determined that it is in the
best interest of the City and its citizens to consider the establishment of such a Fee related to the
Municipal Court; and
WHEREAS, the City Council has further investigated and determined that the Fees
would benefit the operations of the Municipal Court, as well as, the health, safety and welfare of
the community at large by providing the youth of the City with access to a juvenile case manager
for the Municipal Court; and
WHEREAS, the City Council has further investigated and determined that the Code of
Ordinances, Chapter 34 (Courts), Article II (Municipal Court), Division i (Generally) and
Appendix C (Wylie Comprehensive Fee Schedule), Section XII (Municipal Court) should be
amended as set forth below.
Ordinance No. 2014 -10 — Amending Ordinance 2005 -07
Juvenile Case Manager Funding & Fees Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to the Code of Ordinances, Chapter 34 (Courts), Article II
Mf unicipal Courts), Division 1 (Generally). Chapter 34 (Courts), Article I1 (Municipal Courts),
Division 1 (Generally) of the Code of Ordinances is hereby amended by adding Section 34 -25
(Juvenile Case Manager Funding) as set forth below:
"ARTICLE II. MUNICIPAL COURT
DIVISION 1. Generally
Sec. 34 -25. Juvenile Case Manager Funding.
(a) There is hereby created a juvenile case manager fee, not to exceed
FIVE AND NO /100 DOLLARS ($5.00) ( "Case Manager Fee "), as
authorized by Article 102.0174, TEX. C. CRIM. PROC., as amended.
The Case Manager Fee is in addition to any other fines, penalties
and /or court costs required by city ordinance or state or federal
law. A separate Case Manager Fee must be paid for each separate
conviction of a fine -only misdemeanor offense.
(b) Except as provided in Subsection (c) below, each defendant
convicted of a fine -only misdemeanor offense in Municipal Court
shall pay the Case Manager Fee as a cost of court. The Case
Manager Fee does not apply to parking citations. For purposes of
this section, a defendant is considered to be "convicted" if:
(1) A sentence is imposed on the defendant by the Municipal
Court; or
(2) The defendant receives deferred disposition from the
Municipal Court, including deferred proceedings under
Articles 45.052 or 45.053, TEX. C. CRIM. PROC., as
amended.
(c) The Municipal Court Judge may waive the Case Manager Fee in
cases of demonstrated financial hardship on the part of a convicted
defendant. By way of example only, the Municipal Court Judge
may waive the Case Manager Fee if the Judge has determined that
the defendant is indigent; has insufficient resources or income to
pay the Case Manager Fee; or is otherwise unable to pay all or part
of the underlying fine or costs.
Ordinance No. 2014 -10 — Amending Ordinance 2005 -07
Juvenile Case Manager Funding & Fees Page 2 of 4
(d) The Municipal Court clerks shall collect the Case Manager Fee and
pay it to the city treasurer to be kept in a separate ledger account
known as the "Juvenile Case Manager Fees" ( "Fees").
(e) The Fees may be used only to finance the salary, benefits, training,
travel expenses, office supplies and other necessary expenses
relating to the position of a juvenile case manager who is
employed by the Municipal Court under Article 45.056, TEX. C.
C1t1M. PROC., as amended. The Fees may not be used to supplement
the income of an employee whose primary role is not that of a
juvenile case manager.
(f) The Fees shall be administered by or under the direction of the city
council.
(g) The Case Manager Fee shall be charged and applied only to
conduct that occurs on or after April 1, 2014."
SECTION 3: Amendment to the Code of Ordinances, Appendix C _ (Wylie
Comprehensive Fee Schedule), Section X1I (Municipal Court. Appendix C (Wylie
Comprehensive Fee Schedule), Section XI1 (Municipal Court) of the Code of Ordinances is
hereby amended as follows:
"APPENDIX C
WYLIE COMPREHENSIVE FEE SCHEDULE*
XII. Municipal Court
Case Manager Fee (not to exceed) ............. ............................... 5.00"
SECTION 4: Severability. Should any section, subsection, sentence, clause and/or
phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. The City hereby declares that it would have passed this
Ordinance, and each section, subsection, clause and/or phrase thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses and /or phrases be declared
unconstitutional and /or invalid.
SECTION 5: Savings/Repealing Clause. All provisions of any resolution in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and
effect.
Ordinance No. 2014 -10 — Amending Ordinance 2005 -07
Juvenile Case Manager Funding & Fees Page 3 of 4
SECTION b: Effective Date. This Ordinance shall become effective immediately upon
its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 11`b day of March, 2014.
ATTEST:
Carole Ehrlich, Ci . ecretary
vzo—' einl�
Eric Hogue, M yo
t • °a
�N
I
Date(s) of Publication: March 19, 2014 - The Wylie News
`�r� of 78xp►r
Ordinance No. 2014 -10 — Amending Ordinance 2005 -07
Juvenile Case Manager Funding & Fees Page 4 of 4
C6�st
i (T-11P jfatmewaillr krim n • Nlurphv ibionitor • •I lit! Nrht.cion Herald THE WYGiE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas
and having general circulation in Collin County, Texas, who being by me duly sworn,
deposed and says that the foregoing attached:have
City of Wylie
Ordinance No. 2014 -10
was published in said newspaper on the following dates, to -wit:
March 19, 2014
l
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 4 day of 2014
to certify which witness my hand and seal of office.
Sonia A. Duggan
y Commission Expires Notary lyublic in
09-02-2016 The State of Texas
My commission expires 10-116
hiurph%. Jachscl4Vt•lic 0I'li(c • I IU N. Batllard • 11.0. 13oa 369 • WN );c.'f X 73098-972 4-32 4:1){
Fcinncr .iilc,'Pnnc k n t)fticr •
10 1 5 plain • It.t). 13uti SI? • F;nntcrat- IL:, 1A 5442 • 9??- 784409? • t( +c q? ?S2 -'fl
6C March 19 -20, 2014
ORDINANCE NO.
2014 -10
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
WYLIE'S CODE OF
ORDINANCES NO.
2005 -07, CHAPTER
34 (COURTS), ARTI-
CLE II (MUNICIPAL
COURT), DIVISION
1 (GENERALLY), BY
ADDING SECTION
34 -25 (JUVENILE
CASE MANAGER
FUNDING) AND
AMENDING AP-
PENDIX. C (WYLIE
COMPREHENSIVE
FEE SCHEDULE),
SECTION` XII '(MU-
NICIPAL COURT);
CREATING , AND
PROVIDING FOR
THE ASSESSMENT
AND COLLECTION
OF A MUNICIPAL
COURT JUVENILE
CASE MANAGE -
MENT FEE; PROVID-
ING FOR REPEAL -
ING, - SAVINGS AND
SE.V.ERABILITY
CLAUSES; PROVID-
ING FOR AN EF-
FECTIVE DATE OF
"
THIS ' ORDINANCE;
AND PROVIDING
FOR THE PUBLI-
CATION OF THE
CAPTION HEREOF.
45 -1t -100 -339