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Ord 894 Amending Chapter 30 Courts Section 30-41 Article II Designating a Juvenile Case Manager TOWN OF WESTLAKE ORDINANCE NO. 894 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 30, COURTS, ARTICLE II, MUNICIPAL COURT BY ADDING SECTION 30-41, DESIGNATING THE POSITION OF JUVENILE CASE MANAGER; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas ("Town"), is a general law municipality and is authorized to enact regulations as necessary to protect the health, safety and welfare of the public and may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State; and WHEREAS, the Town has created a Municipal Court of record, having concurrent jurisdiction with the justice court in criminal cases that arise in the town and that are punishable by fine only; and WHEREAS, the Town of Westlake Town Council desires that the Municipal Court employ one or more juvenile case managers; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, upon the recommendation of the Municipal Court Administrator for, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 30, Courts, Article II, Municipal Court, is amended by adding Section 30-41, which shall read as follows: Sec. 30-41 —Juvenile Case Manager; fund (a) The municipal court is authorized to employ one or more juvenile case managers who: Ordinance 894 Page 1 of 3 (1) shall assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases; and (2) may provide prevention services to a child considered at-risk of entering the juvenile justice system and intervention services to juveniles engaged in misconduct prior to cases being filed, excluding traffic offenses. (b) Juvenile case manager fee. (1) There is hereby created juvenile case manager fee. A defendant convicted of a fine-only misdemeanor offense shall pay the juvenile case manager fee of five dollars ($5.00), as a court cost. (2) There is hereby created juvenile case manager fund. The Municipal Court Clerk shall collect the fee authorized by this section and pay it to the city treasurer to be kept in the juvenile case manager fund. (3) The juvenile case manager fee does not apply to parking citations. (4) For the purposes of this Section, a person is considered convicted if: a. a fine is imposed on the person; b. the person received community supervision, including deferred disposition; or c. the Court defers final disposition of the person's case. (5) The Municipal Court Judge is authorized to waive the juvenile case manager fee in cases of demonstrated financial hardship on the part of a convicted defendant. (6) A fund created under this section may be used to the extent permissible under state law. Sec. 30-42—30-55. —Reserved SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 894 Page 2 of 3 SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This ordinance shall take effect January 1, 2020 from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30th DAY OF SEPTEMBER 2019. ATTEST: Carol K. La do , Ma or Pro Tern u,U APPROV FORM: Kell Edw , Town Secretary OF WEST A L. anto y, Town Attorney • TEXAS Ordinance 894 Page 3 of 3