HomeMy WebLinkAboutORD 2002-53 - Municipal Court FeesORDINANCE NO.
0M .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING THE CITY OF
GEORGETOWN CODE OF ORDINANCES TO ADD CHAPTER
4.42 "MUNICIPAL COURT COLLECTION SERVICE AND FEE"
RELATING TO THE CITY'S AUTHORITY TO CONTRACT FOR
THE COLLECTION OF DEBTS AND ACCOUNTS RECEIVABLE
SUCH AS FINES, FEES, RESTITUTION, AND OTHER DEBTS OR
COSTS ORDERED TO BE PAID BY THE MUNICIPAL COURT
AND TO ADD A FEE IN THE AMOUNT OF THIRTY PERCENT
ON EACH DEBT OR ACCOUNT RECEIVABLE THAT IS MORE
THAN 60 DAYS PAST DUE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Section 103.0031 of the Code of Criminal Procedure authorizes (i) a
municipal court to enter into a contract with a private attorney or a public or private
vendor for the collection of debts and accounts receivable such as fines, fees, restitution,
and other debts or costs ordered to be paid by the Municipal Court; and (ii) the addition
of a fee in the amount of thirty percent (30%) on each debt or account receivable that is
more than 60 days past due and has been referred to the attorney or vendor for collection;
WHEREAS, the City Council of the City of Georgetown has determined that it is
prudent to authorize such contracts for municipal court collection services and to assess
the allowed fees for same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS:
SECTION 1 : The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following policy of the Century Plan -Policy Plan
Element:
1. Facilities and Services Focus End 4.8, which states: "Georgetown is effective at
resolving issues related to crime, disorder and fear of crime," and
2. Finance Policy End 5.0, which states: "All municipal operations are conducted in
an efficient business -like manner and sufficient financial resources for both short-
term and long-term needs are provided;"
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And further finds that the enactment of this ordinance is not inconsistent or in conflict
with any other Century Plan Policies, as required by Section 2.03 of the Administrative
Chapter of the Policy Plan,
SECTION 2: The Georgetown Code of Ordinances is hereby amended to add Chapter
4.42, "MUNICIPAL COURT COLLECTION SERVICE AND FEE" as follows:
Sec. 4.42.010. Authority to Contract for Collection Services
Pursuant to the terms of Section 103.0031 of the Texas Code of Criminal Procedure, the
City of Georgetown municipal court is hereby authorized to enter into a contract with a
private attorney or a public or private vendor for the provision of collection services for
debts and accounts receivable such as fines, fees, restitution, and other debts or costs,
other than forfeited bonds, ordered to be paid by a court serving the City of Georgetown.
Sec. 4.42.020. Assessment of a 30% Fee on Delinquent Debts or Accounts
A fee of thirty percent (30%) shall be assessed on each debt or account receivable that is
more than 60 (sixty) days past due and has been referred to the attorney or vendor for
collection.
Sec. 4.42.030. Exception for Indigent Defendants
A defendant is not liable for the collection fees authorized under Section 4.42.020 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,
Sec. 4.42.040. Use of Fees
If a private attorney or private vendor collects from a person owing costs ordered paid by
the court an amount that is less than the total costs owed by the person, including
collection costs permitted under the attorney's or vendor's contract with the court or
governing body, the amount of costs collected otherwise required to be sent to the
comptroller and the amount permitted to be retained by the county or municipality are
reduced by an equal percentage in order to fully compensate the attorney or vendor, not
to exceed the percentage specified as allowable collection costs in the attorney's or
vendor's contract with the county or municipality.
SECTION 3: If any provision, section, subsection, sentence, clause or phrase of this
ordinance, or the application of same to any person or set of circumstances for any reason
is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity
of the remaining portions of this ordinance or the application thereby shall remain in
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effect, it being the intent of the City Council of the City of Georgetown, Texas in
adopting this ordinance, that no portion thereof or provision contained herein shall
become inoperative or fail by any reason of unconstitutionality or invalidity of any
portion or provision.
SECTION 4: The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in (10) ten days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 13th day of August, 2002,
PASSED AND APPROVED on Second Reading on the 27th day of August,
2002,
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carts, Brown and Carls, L.L.P.
City Attorney
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THE CITY OF GEORGETOWN:
y: Clary Nelon
Mayor