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Home My Public Portal AboutOrdinance No. 0990-04 07-13-2004 • ORDINANCE NO. 990-04 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 54 OF THE CITY CODE TO PROVIDE FOR THE ADDITION OF A COLLECTION FEE OF THIRTY PERCENT TO BE ADDED TO EACH ITEM FOR WHICH SUCH COLLECTION FEE IS AUTHORIZED BY TEXAS CODE OF CRIMINAL PROCEDURE 103.0031; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Texas Code of Criminal Procedure Section 103.0031 provides that the governing body of a municipality may enter into a contract with a private vendor for the provision of collection services for, among other things, debts such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered to be paid by a court serving the municipality, and for amounts in cases in which the accused has failed to appear as required by law, order, citation, summons or other • notice; and WHEREAS, such section further provides that a municipality that enters into a contract with a private vendor under that section may authorize the addition of a collection fee in the amount of thirty percent (30%) on each item described in such section that is more than sixty (60) days past due and has been referred to such private vendor for collection; and WHEREAS, the City recently entered into an agreement with American Municipal Services Corporation, a collection agency, authorizing American Municipal Services Corporation to collect outstanding warrants and citations; and WHEREAS, said contract provides that the City will pay to American Municipal Services Corporation a collection fee equal to thirty percent (30%) of the amount owed, as contemplated by Texas Code of Criminal Procedure Section 103.0031; and WHEREAS, the City Council wishes to authorize the addition of a collection fee in the amount of thirty percent (30%) on each item described in such section for which such collection fee is appropriate and available; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: • SECTION 1. AUTHORIZATION FOR ADDITION OF COLLECTION FEE Section 54-4 of Chapter 54 of the Richland Hills City Code is hereby added, and shall read as follows: There is hereby imposed the addition of a collection fee in the amount of thirty percent (30%) on each item for which such a fee is permitted to be assessed by Texas Code of Criminal Procedure Section 103.0031, as amended, such collection fee to be calculated as provided in such section, and subject to the limitations stated in such section and in any other applicable law, state or federal. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE • It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. • ORDINANCE AUTHORIZING THE IMPOSITION OF A COLLECTION FEE AS PERMITTED BY CCP 103.0031 Page 2 W:\Richland Hills\Ordinance\Collection fee authorization pursuant to CCP 103.0031.wpd . SECTION 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AN~,~,~ROVED ON THIS DAY OF , 2004. r ~ ~ aP ~ 4` ~4 r f ; b' w~ . ~ .~`r ~ TH HONORABLE NELDA STRODER, MAYOR ATTEST: ' 1 WILLIS;~ CITY SE RETARY EFFECTIVE DATE: ~1 ~ APPROVED t~ FORM AND LEGALITY: ~j TIM G. SRALLA, CITY ATTORNEY • ORDINANCE AUTHORIZING THE IMPOSITION OF A COLLECTION FEE AS PERMITTED BY CCP 103.0031 Page 3 W:ARichland Hills\OrdinanceACollection fee authorization pursuant to CCP 103.0031.wpd INVOICE Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 244172031 FORT WORTH, TX 76102 • (817) 390-7761 Invoice Date: 7/22/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31 /04 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 24417203 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: AN ORDINANCE O Attu BARBARA . WRIGHT Publication Date: 7/22/04 ~ `~~o~tion Col De th ~ 1.,i~ a MU Rate Amount Description p AN ORDINANCE OF THE CITY OF I3580 1 34 34 LINE $0.53 $18.02 AN ORDtN KCE OF TH~ CITY OF R HL,AND HILLS T~XAAMEN INC~ CHAP R ,~n O Net Amount: $18.02 THE C CODE TO i PROVIDE FOR THE ADDITION OF A COLLECTION FEE OF THIRTY PER- CENT TO BE ADDED TO EACH ITEM FOR WHICH SUCH COL- LECTION FEE IS AUTHORIZED BY TEXAS CODE OF CRIMINAL PROCE- Cj Ct ~ DUKE ~03.003Y 1 PROVIDING THA'la Lf THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITV CLAUSE PROVIDING FOFI • PUBLICATION AS REQUIRED BY LAW' AND PROVIDING AN ~1iA'~.~PYa'!%, CHHISTYLHa-~D EFFECTIVE DATE. ~'7~:~ MY COMMISSION EXP~pES ADOPTED BY THE ~U 31,22']08 RICHLAND HILLS :F; ry CITY COUNCIL ON ,,~rf'~~~',: JULY ~ 3. 2004. I THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say [hac the attached clipping of an advertisement was published in the ab named paper on the ' ted dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM (817) 390-7320 ` Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, July 29, 2004. " Notary Public / G~~ ~C Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 244172031 Invoice Amount: $18.02 PO Number: ,..r___.~ , M„_.~ Amount Enclosed: I $