12-R-04 Authorizing a Collection Fee in the amount of 30%RESOLUTION NO. 12-R-04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A COLLECTION FEE 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: (1) AS PROMISED UNDER SUBCHAPTER A,
CHAPTER 543, TRANSPORTATION CODE, OR OTHER LAW; (2) IN
COMPLIANCE WITH A LAWFUL WRITTEN NOTICE TO APPEAR
ISSUED UNDER ARTICLE 14.06(b), TEXAS CODE OF CRIMINAL
PROCEDURE, OR OTHI';R LAW; (3) IN COMPLIANCE WITH A
LAWFUL SUMMONS ISSUED UNDER ARTICLE 15.03(b), TEXAS
CODE OF CRIMINAL PROCEDURE; (4) IN COMPLIANCE WITH A
LAWFUL ORDER OF A COURT SERVING THE CITY; OR (5) AS
SPECIFIED IN A CITATION, SUMMONS, OR OTHER NOTICE
AUTHORIZED BY SECTION 682.002, TRANSPORTATION CODE,
THAT CHARGES THE ACCUSED WITH A PARHING OR STOPPING
OFFENSE, 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, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City of Schertz (the "City") wishes to defray the costs of collection that
it incurs under a contract for collection of delinquent court fines and fees between the City and a
collection firm as authorized under the provisions of Article 103.0031 of the Texas Code of
Criminal Procedure (the "Article");
WHEREAS, under the Article, the City Council of the City is empowered to authorize
the addition of thirty percent (the "Fee") 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 sixty days past due and has been referred for collection; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the Fee.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. (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
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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; and
(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:
Law;
(1) as promised under Subchapter A, Chapter 543, Transportation Code or other
(2) in compliance with a lawful written notice to appear issued under Article
14.06(b) or other law;
(3) in compliance with a lawful summons issued under Article 15.03(b), Texas
Code of Criminal Procedure;
(4) incompliance with a lawful order of a court serving the City; or
(5) 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.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which a1•e in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or• the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
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Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 17th day of January, 2012.
CITY OF SSLIIERTZ, TEXAS
ATTEST:
r--c \~~
Clty Secretary
(CITY SEAL)
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