G-04-04-08-9A1 - 4/8/2004ORDINANCE NO. " Off "1-4-08-9C)1
AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION
1.2206, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, ALLOWING FOR A STATUTORILY AUTHORIZED
30 % COLLECTION FEE ON CERTAIN PRE- AND POST -JUDGMENT
MUNICIPAL COURT FEES AND FINES; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS.
WHEREAS, the City of Round Rock, Texas 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, and
WHEREAS, under said article, the governing body of said City
is empowered to authorize the addition of 301,- 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
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 1, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended to add section 1.2206, which
shall read as follows:
1.2206 COLLECTION FEE ON MUNICIPAL COURT FEES AND FINES.
(1) 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
than 60 days past due and has been referred to an attorney or private vendor for collection.
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(2) Said collection fee is authorized and imposed in cases in which the accused has failed to
appear:
(a) As promised under Subchapter A, Chapter 543, Transportation Code, or other
law;
(b) In compliance with a lawful written notice to appear issued under Article 14.06(b)
or other law;
(c) In compliance with a lawful summons issued under Article 15.03(b), Texas Code
of Criminal Procedure;
(d) In compliance with a lawful order of a court serving the City; or
(e) 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.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C.. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
{J1
READ . and APPROVED on first reading this theCS5 day of
_10121112'h) , 2004.
2
READ, APPRED and ADOPTED on second reading this the
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day of
, 2004.
N. /T�• WLrLL, Ma
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
3
DATE: April 2, 2004
SUBJECT: City Council Meeting - April 8, 2004
ITEM: *9.A.1. Consider an ordinance amending Chapter 1 of the Round Rock
Code of Ordinances (1995 Edition), adding Section 1.2206
allowing for a statutorily authorized 30% collection fee on
certain pre- and post -judgment municipal court fees and fines.
(Second Reading)
Department: Administration
Staff Person: David Kautz, Assistant City Manager/Chief Financial Officer
Steve Sheets, City Attorney
Justification: The Legislature recently approved the application of this fee for
debts, accounts receivable and amounts in cases in which the
accused has failed to appear before the Municipal Court. The City has
entered into a contract with a law firm to collect these items when
they become 60 days past due.
Though the additional fee is authorized by the state law, a prudent
measure is to also have the City Council approve the fee.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Linebarger Goggan Blair & Sampson, L.L.P.
Background Information:
Public Comment: N/A
This action provides for a formal and specific adoption of
the statutory fee in addition to the authority provided by
state law.