AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, AMENDING CHAPTER 7
OF THE CITY CODE RELATED TO OFFENSES AND NUISANCES, ADDING NEW SECTION
7.800, ET SEQ., ENTITLED "REWARDS FOR REPORTING," PROVIDING
FOR REWARDS TO INDIVIDUALS REPORTING CRIMINAL MISCHIEF AND VANDALISM
INFORMATION LEADING TO ARRESTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that in
order to ensure the safety and comfort of the traveling public, as
well as the safety and comfort of the general citizenry of the community,
it is beneficial to provide for the award of rewards to persons who
assist the City by reporting pertinent and accurate information concerning
vandalism of public property owned, operated or under the control
of the City and/or leading to the arrest and prosecution of individuals
committing the crime of Criminal Mischief.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP, TEXAS:
PART 1:
That Chapter 7 of the City Code, entitled "Offenses and Nuisances"
shall be amended to add, new Article 7.800 to read as follows:
ARTICLE 7.800 "REWARDS FOR REPORTING"
Section 7.801 - Rewards for Reportinq Acts of Vandalism.
Reward shall be
paid for information leading to arrest and conviction of vandals
damaging City property, as follows:
1. The City of
Bastrop shall pay a reward of up to five hundred dollars
($500.00) to a person who furnished information to the City
that leads to the arrest and conviction of any person who
damages property that is owned, operated, or is under the
control and responsibility of the City. One (1) and only
one (1) reward shall be paid for each separate incident
of vandalism.
2. Law enforcement
personnel, City employees, and city officials shall not
be eligible for payment of any such reward.
3. The City Council
shall make the determination of who shall receive the reward,
when more than one () person makes a claim for the payment
of the reward noted herein, pursuant to Section 7.801. The
City Council shall have and reserve the right to file a
petition in the nature of a Bill of interpleader in any
court of competent jurisdiction if more than one (1) persona
claims the reward.
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Section 7.802 - Rewards
for Providinq Information Concerninq Criminal Mischief.
1. The City of
Bastrop hereby offers a standing reward in an amount up to
five hundred dollars ($500.00) to the person or persons who
furnish information to the City leading to the arrest and
conviction of any individual for committing the crime of Criminal
Mischief, as that term is defined by Section 28.03 of the
Texas Penal Code, and as amended hereafter, when the Criminal
Mischief is committed within the jurisdictional limits of
the City of Bastrop.
2. This reward
is a standing offer, and shall be paid out of the funds budgeted
by the City Council for this purpose. The Chief of Police
of the City of Bastrop shall determine the amount of the reward,
up to but not exceeding five hundred dollars ($500.00), if
any, to be paid to the person or persons furnishing the pertinent
information.
3. Law enforcement
personnel, City employees, city agents, city officials, and
other officers, employees and or agents of the State of Texas
and other political subdivisions shall not be eligible for
payment of any such reward related to Criminal Mischief information.
4. The Chief of
Police of the City of Bastrop is the sole judge of any dispute
arising over the claimed reward due to any person or persons,
if any, and as to the share in such reward, and the Chief
of Police's decision on all matters connetced with this reward
shall be final, conclusive, and not otherwise appealable.
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PART 2: That should
any section, clause or provision of this ordinance be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of this ordinance or any other ordinance of the
City as a whole or any part thereof, other than the part so declared
to be invalid.
PART 3: This Ordinance shall take effect upon the date of final
passage noted below, or when all applicable hearing and publication
requirements, if any, are satisfied in accordance with the City's
Charter, Code of Ordinances, and the laws of State of Texas.
READ and Acknowledged on First Reading on the 22nd day of March 2005.
READ and Adopted on Second Reading on the 12th day of April 2005.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
Approved:
Jo-Christy Brown Brown & Carls, LLP City Attorney
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