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2005-004-ORD AMENDING SECT 18-23 (A) OF THE ORDINANCES TO ADD A NEW PARAGRAPH (4) AUTHORIZING THE ADDITION OF 30% COLLECTION FEE ON UNPAID FINES, FEES, COURT COSTS ASSESSED BY THE MUNICIPAL COURT ORDINANCE NO. 2005-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 18-23(a) OF THE CODE OF ORDINANCES OF SAID CITY TO ADD A NEW PARAGRAPH (4) THERETO AUTHORIZING THE ADDITION OF A TIDRTY PERCENT (30%) COLLECTION FEE ON ALL UNPAID FINES, FEES, COURT COSTS, AND OTHER CHARGES ASSESSED BY THE MUNICIPAL COURT IN ACCORDANCE WITH STATE LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council desires to assess a thirty percent (30%) collection fee on all unpaid fines, fees, court costs, and other charges assessed by the Municipal Court in accordance with State Law; and, WHEREAS, Article 103.0031 of Chapter 103 of Texas Code of Criminal Procedure authorizes the addition of said collection fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 18-23(a) of the Code of Ordinances of the City of Paris, Paris, Texas, shall be and is hereby in all things amended to include a new paragraph (4) thereto to authorize the addition ofa thirty percent (30%) collection fee on all unpaid fines, fees, court costs, and other charges assessed by the municipal court in accordance with state law, such fee to be appropriate at such time as the City enters into a contract with a private attorney or private vendor to collect said fees, said new paragraph (4) to Section 18-23(a) of the Code of Ordinances to read as follows: "Sec. 18-23. Fines and special expenses. (a) The municipal court is authorized and empowered to enforce by execution on the property of the defendant or imprisonment of the defendant, the collection of all fines imposed by the court, not inconsistent with the laws of the state. The following special expenses and fees are hereby established as follows: * * * (4) A collection fee, in the amount of thirty percent (30%) on all unpaid fines, fees, court costs, or other charges lawfully assessed by the municipal court in accordance with state law, provided the city enters into a contract with a private attorney or private vendor pursuant to Article 103.0031 of Chapter 103 of the Texas Code of Criminal Procedure and provided further that said fines, fees, court costs, or other charges are more than sixty (60) days past due and have been referred to the aforesaid attorney or vendor for collection. The collection fee shall not apply to a case that has been dismissed by the court or to any amount that has been satisfied through time-served credit or community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than sixty (60) days past due. Unless the contract provides otherwise, the court shall calculate the amount of any collection fee due to the private attorney or private vendor performing the collection services and shall receive all fees, including the collection fee. With respect to cases in which fines, fees, costs, or other charges are assessed and the accused has failed to appear, the amount to which the thirty percent (30%) collection fee applies is the amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case, if the accused voluntarily agrees to pay that amount; or the amount ordered paid by the court after plea or trial. A defendant is not liable for the aforesaid collection fees authorized herein if the court has determined the defendant is indigent, or has insufficient resources or income, or is otherwise to pay all or part of the underlying fine, fee, cost, or other charges. If a person pays an amount that is less than the aggregate total to be collected, the amount paid to the state comptroller, the city, and the private attorney or vendor shall be reduced proportionately. For purposes of this ordinance, an item subject to collection services as provided herein and to the additional collection fee authorized herein is considered more than sixty (60) days past due if it remains unpaid on the sixty-first (61 ") day after the following appropriate date: 1) With respect to fines, fees, court costs, or other charges other than for those imposed in which the accused has failed to appear, the date on which the debt, fine, fee, cost, or other charges must be paid in full as determined by the court; or 2) With respect to fines, fees, court costs, or other charges assessed in which the accused has failed to appear, the date by which the accused promised to appear or was notified, summoned, or ordered to appear. The collection fee so authorized hereunder may not be used by the city for any purpose other than compensating the private attorney or private vendor who earns the fee." Section 3. That all ordinances in conflict with the terms and provisions of this ordinance are hereby repealed to the extent of such conflict only. Section 4. That this ordinance shall be effective February 1,2005. PASSED AND APPROVED this lOth day of January, 2005. ~~yA ATTEST: 0~UJtr71 Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: