§ 16-8. Child safety fund.

(a)

Pursuant to section (a) of article 102.014, Texas Code of Criminal Procedure there is hereby assessed a court cost fee stated for this provision in the city fee schedule on each parking violation. The court cost fee shall be assessed on every violation to which it appertains under the provisions of the state law.

(b)

There is hereby created within the treasury of the city a fund to be designated as the child safety fund ("the fund"). The fund shall consist of those costs and fees that are payable into the fund as provided in section 106.002 of the Texas Local Government Code.

(c)

In connection with the annual fiscal year city budget process, or an amendment thereto, the monies expected to be available in the fund shall be appropriated for the purposes provided by section 106.003 of the Texas Local Government Code in accordance with the following procedures and policies:

(1)

Provisions for the services of school crossing guards shall be the first priority for expenditure of the fund. No monies shall be appropriated from the fund for administrative expenses as allowed by section 343.013 of the Texas Local Government Code or for other child services as provided by section 106.003(b) of the Texas Local Government Code, unless a surplus of funding exists after school crossing guard services have been funded.

(2)

The chief of police or his designee shall annually designate a period during which applications will be received from public, parochial or private elementary or secondary schools for funding of school crossing guard services contracts during the next school year. Notice shall be provided by mailing a copy to the superintendent's office of each public school district having one or more schools in the city, by mailing a copy to each private and parochial school in the city that has its name and address available through a listing provided to the public by the Texas Education Agency and by publishing notice one time in a newspaper of general circulation. In the notice, the chief of police or his designee shall specify a date for the receipt of applications and specify the place where information may be obtained regarding the form in which they shall be provided. The chief of police may issue rules and regulations for the submission of applications and the determination of allowable service costs for personnel and equipment reimbursements hereunder.

(3)

It is the policy of the city council to rely upon the traffic safety recommendations of school districts for public schools and school administrators for other schools in determining the need for school crossing guard services. Each application shall include justification for funding of each crossing location that is requested therein, including a description of street conditions, traffic levels, street use, expected student crossing use and related safety data, which shall be provided by the chief traffic safety official of school districts and by the principal of schools not operated by school districts. Subject to the priorities of funding set forth in item (4), below, the chief of police or his designee shall recommend each application that is timely filed in proper form for the issuance of a funding contract by the city council. In the event that the city council questions the appropriateness of a recommendation, then the matter may be referred by city council to the traffic engineer.

(4)

Monies shall be disbursed from the fund to reimburse costs of providing paid school crossing guards at schools. No school district or school shall be reimbursed an amount greater than its actual service costs as computed in accordance with the rules and regulations adopted under item (2), above. To the extent that the monies available in the fund are insufficient to cover the costs of school crossing guards at both elementary schools and secondary schools, then funding shall be first applied to cover the full costs of elementary school crossing guards. To the extent that the monies available in the fund are insufficient to cover the full allowable costs of all elementary school crossing guards for which applications are timely filed and approved, then the available money in the fund shall be apportioned equally on the basis of the total number elementary school crossings within the city for which a funding application was timely filed and approved. In the event that the monies available in the fund are sufficient to pay the full costs of elementary school crossing guard services and only a portion of the costs of secondary school crossing guard services, then the funds remaining after full payment of the elementary school crossing guard services shall be equally apportioned for secondary school crossing guard services in the same manner provided above.

(d)

All funding for school crossing guards for public schools under this section shall be made available through the school district that operates the school. Private and parochial schools funding shall be provided to the school. Funding shall be made available in quarterly reimbursements upon contracts and a schedule to be established by the chief of police, who may require proof that the services were or are being actually provided. All expenditures of the city under this section for contracts issued or other obligations assumed shall be expressly limited to the monies available in the fund.

(Ord. No. 00-325, § 1, 4-26-00; Ord. No. 08-52, § 46, 1-16-08, eff. 1-26-08; Ord. No. 2011-1168, § 13, 12-14-2011)