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MUNICIPAL COURT - COLLECTION FEE
ORDINANCE NO. 03-3374
AN ORDINANCE AMENDING THE CITY OF PLAINVIEW CODE OF
ORDINANCES CHAPTER 2 ADMINISTRATION, AUTHORIZING A
COLLECTION FEE IN THE AMOUNT OF 30% OF EACH DELINQUENT
DEBT AND ACCOUNT RECEIVABLE, INCLUDING ADJUDICATED
COURT FINES AND FEES, REFERRED TO LAW FIRM FOR
COLLECTION; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE;
SEVERABILITY CLAUSE; AND EFFECTIVE DATE.
WHEREAS, under the provisions of the Texas Code of Criminal Procedure
Article 103.0031 the City Council of the City of Plainview is empowered to authorize the
addition of 30% on each debt and account receivable, including adjudicated fines and
fees, that is more than 60 days past due and has been referred to an attorney for
collection; and
WHEREAS, the City of Plainview finds it necessary to obtain a firm for the
collection of past due debts; and
WHEREAS, the City of Plainview wishes to defray its costs of collection that it
incurs under a contract for collection of delinquent court fines and fees.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Plainview, Texas, that:
Section I
Sec. 2-174. Collection Fee of the City of Plainview Code or Ordinances be amended as
follows:
(a) A defendant shall be assessed a collection fee in the amount of 30% of each
delinquent debt and account receivable, including adjudicated fines and fees,
that is more than 60 days past due and has been referred to an attorney for
collection.
(b) A defendant is not liable for the collection fees authorized under Subsection (a) if
the court of original jurisdiction has determined the defendant is indigent, or has
insufficient resources or income, or is otherwise unable to pay all or part of the
underlying fine or costs.
Section II
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or
diminish the applicability or enforcement of other ordinances restricting, regulating, or
governing the subject matter herein.
Ordinance No. 03-3374
Municipal Court
Collection Fee
Page 1 of 2
Section III
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
Section IV
Should any section, subsection, or any portion hereof be deemed invalid for any reason,
such holding shall not render or invalidate any other section, subsection, sentence,
provision, clause, phrase, or word severable therefrom and the same shall be deemed
severable for this purpose.
Section V
This ordinance shall be in full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 25th day of March, 2003.
PASSED AND APPROVED on second reading this 8th day of April, 2003.
Belinda Hinojosa, City SecrtetJary
APPROVED AS TO FORM:
Wally Hatch,,City Attorney
APPROVED AS TO CONTENT:
Pat Hernandez, Municipal Court Judge
Ordinance No. 03-3374 Municipal Court Page 2 of 2
Collection Fee