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MUNICIPAL COURT COLLECTION FEE
ORDINANCE'NO. 04-3421
AN ORDINANCE AUTHORIZING COLLECTION FEES IN THE
AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE
SUCH AS UNPAID FINES, FEES, COURT COSTS, FORFEITED
BONDS, AND RESTITUTION ORDERED PAID BY A MUNICIPAL
COURT SERVING THE CITY, AND AMOUNTS IN CASES IN
WHICH THE ACCUSED HAS FAILED TO APPEAR AS
REQUIRED BY LAW; TEXAS CODE OF CRIMINAL
PROCEDURE; LAWFUL ORDER OF A COURT SERVING THE
CITY; OR AS SPECIFIED IN A CITATION, SUMMONS, OR
OTHER NOTICE AUTHORIZED BY THE TRANSPORTATION
CODE WHEN SUCH DEBTS, ACCOUNTS RECEIVABLE AND
AMOUNTS ARE MORE THAN 60 DAYS PAST DUE AND HAVE
BEEN REFERRED TO AN ATTORNEY OR OTHER VENDOR
FOR COLLECTION; CUMULATIVENESS CLAUSE; CONFLICTS
CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE
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
between said City and a collection firm as authorized under the provisions of
Article 103.0031, Texas Code of Criminal Procedure;
WHEREAS, under said article, the governing body of said City is
empowered to authorize the addition of 30% on each debt and account
receivable, including fines and fees, and on each amount in cases in which the
accused has failed to appear, when each is more than 60 days past due and has
been referred for collection.
NOW, THEREFORE, the City of Plainview hereby ordains that:
SECTION I:
The recitals set forth in this ordinance are true and correct.
SECTION I1:
A) A collection fee is hereby authorized and imposed, as provided by Article
103.0031, Texas Code of Criminal Procedure, in the amount of 30% of
debts and accounts receivable, such as unpaid fines, fees, court costs,
forfeited bonds, and restitution ordered paid by a municipal court serving
the city when such debt or account receivable is more then 60 days past
due and has been referred to an attorney or private vendor for collection;
and
Ordinance No. 04-3421
Municipal CoUrt Collection
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228
B) A collection fee is hereby authorized and imposed, as provided by Article
103.0031, Texas Code of Criminal Procedure, in the amount of 30% of
amounts in cases in which the accused has failed to appear:
1. As promised under Subchapter A, Chapter 543, Transportation
Code, or other law;
SECTION II1:
In compliance with a lawfUl written notice to appear issued under
Article 14.06 (b) or other law;
In compliance with a lawful summons issued under Article 15.03
(b), Texas Code of Criminal Procedure;
In compliance with a lawful order of a court serving the City; or
As specified in a citation, summons, or other notice authorized by
Section 682,002, Transportation Code, that charges the accused
with a parking or stopping offense, when such amounts are more
than 60 days past due and have been referred to an attorney or
private vendor for collection
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.
SECTION IV:
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 V:
Should any section, subsection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, sub-section,
sentence, provision, clause, phrase, or word severable there from and the same
shall be deemed severable for this purpose.
SECTION VI:
This ordinance shall be of full force and effect upon its passage.
Ordinance No. 04-3421
Municipal Court Collection
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229
Passed and approved on first reading this 13th day of July, 2004.
Passed and approved on second reading this 27th day of July, 2004.
'
APPROVED AS TO CONTENT:
ernandez, Municipal Court Judge
APPROVED AS TO FORM:
Attorney
Ordinance No. 04-3421
Municipal Court Collection
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