HomeMy WebLinkAboutOrdinance 18645-06-2009ORDINANCE NO 18645-06-2009
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH BY AMENDING CHAPTER 10, `COURTS, BY ADDING A
NEW SECTION SECTION 10-91, `COLLECTION CONTRACTS TO
AUTHORIZE THE ADDITION OF COLLECTION FEES IN THE
AMOUNT OF THIRTY PERCENT ON DEBTS AND ACCOUNTS
RECEIVABLE ORDERED PAID BY MUNICIPAL COURT OR BY A
HEARING OFFICER APPOINTED UNDER CHAPTER 682 OF THE
TEXAS TRANSPORTATION CODE PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE, PROVIDING A
SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE,
PROVIDING A PENALTY CLAUSE PROVIDING FOR PUBLICATION
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the administration of justice requires that defendants pay fines, fees, and
other costs lawfully imposed by a fudge of the Fort Worth Municipal Court or by a duly
appointed Crty hearing officer and
WHEREAS, failure of defendants to pay fines and other costs is a growing problem in
the City of Fort Worth, and
WHEREAS, state law allows the Fort Worth City Council to enter into a contract with a
third-party vendor to collect delinquent fines and fees lawfully owed to the City and
WHEREAS, state law also allows the Fort Worth City to authorize imposition of a
collection fee ofthirty-percent on delinquent amounts referred for collection, and
WHEREAS, on June 25 2002, the Fort Worth City Council adopted Ordinance 15144
which authorized imposition of a collection fee on court-ordered debts, and
WHEREAS, state law now allows for referral and imposition of a collection fee for
delinquent amounts that were ordered paid by a heanng officer appointed under Chapter 682 of
the Texas Transportation Code; and
WHEREAS, the Fort Worth City Council finds rt advisable to authorize collection fees
in accordance with state law so that the costs of collection are borne by those individuals causing
those costs rather than by taxpayers.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
That Section 10-9 `Collection Contracts, of Chapter 10 `Courts, of the Code of the
City of Fort Worth (1986), as amended, is hereby amended to add a new subsection, Section 10-
9 1 `Collections Contracts" to read as follows.
Sec. 10-9 1 Collection Contracts
(a) Pursuant to Article 103 0031 of the Code of Criminal Procedure, the addition of
collection fees in the amount of thirty percent is hereby authorized on each debt or
account receivable, such as fines, fees, restitution and other debts or costs, (other than
forfeited bonds) that is ordered to be paid by the municipal court or by a city hearing
officer appointed under Chapter 682 of the Texas Transportation Code and that is more
than sixty days past due and that has been referred to an attorney or vendor for collection.
(b) A defendant is not liable for the collection fees under Subsection (a) if the court or
hearing officer 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.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code are hereby repealed.
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SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases 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 ~unsdiction, 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 Crty Council without the
incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
ox section.
SECTION 4
All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended 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 cnmmal, whether pending m court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
Any person, firm or corporation, unless determined to be indigent, whose debt or account
receivable, as a result of fines, fees, restitution, and other debts or costs imposed by a fudge of
the Fort Worth Municipal Court or by a City hearing officer appointed under Chapter 682 of the
Texas Transportation Code, is more than sixty days past due and has been referred to an attorney
or vendor for collection shall be assessed a collection fee in the amount of thirty percent on each
debt or account receivable.
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SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013 Texas Local
Government Code.
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
APPROVED A~ TO FORM AND LEGALITY
ADOPTED June 2.2009
EFFECTNE ~U
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ORDINANCE NO 18645-06-2009
/ur ~~
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 10-9 TO CHAPTER 10, COURTS,
OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED,
TO AUTHORIZE THE ADDITION OF COLLECTION FEES IN THE
AMOUNT OF THIItTY PERCENT ON FINES, FEES, RETITUTION AND
OTHER DEBTS OR COSTS., ORDERED TO BE PAID BY THE COURT
PROVIDING THAT THLS ORDINANCE SHALL BE CUMULATIVE OF
OTHER CITY ORDINANCES AND REPEALING ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
Section 10-9 of Chapter 10, `Courts" of the Code of the City of Port Worth
(1986), as amended, is hereby added to allow the addition of collection fees in the
amount of thirty percent on all fines, fees, restitution, and other debts or costs ordered to
be paid by the court to read as follows.
Sec. 10-9 Collection Contracts
(a) Pursuant to Article 103.0031 of the Code of Criminal Procedure, the addition
of collection fees in the amount of thirty percent is hereby authorized on each
debt or account receivable, such as fines, fees, restitution and other debts or
costs, (other than forfeited bonds) that are ordered to be paid by the court and
that is more than sixty days past due and has been referred to an attorney or
vendor for collection.
(b) A defendant is not liable for the collection fees under Subsection (a) 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.
SECTION 2.
That this ordinance shall be cumulative of all .provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and Code,
ORDINANCE NO 18645-06-2009
in which event such conflicting provisions of such ordinances and Code are hereby
repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or final decree of a court of
competent jurisdiction, such ineffectiveness or 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
herein of any such void, ineffective or unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 5.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
David ,City Attorn y
By ~- .P~cu ~
Assistant Cit A orney
ADOPTED•
EFFECTIVE.
City of Fort Worth, Texas
Mayor and Council Communication
a.
COUNCIL .ACTION: Approved on 6/2/2009 -Ord. No. 1$645-06-2009
DATE Tuesday June 02 2009
LOG NAME 38000RTCOLLECT
REFERENCE NO C-23565
SUBJECT
Authorize a Professional Services Contract with Linebarger Goggan Blair and Sampson LLP for Collection
of Delinquent Parking. and Criminal Citations and Adoption of Ordinance Amending Chapter 10 of the City
Code to Permit Collections of Fees for Delinquent Amounts Ordered by a Hearing Officer
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager to negotiate and execute a contract with the law firm of Linebarger Goggan
Blair and Sampson LLP for the collection of delinquent civil parking and criminal citations
2 Authorize the contract to begin August 1 2009 and expire July 31 2010 with two one year renewal
options and
3 Adopt the attached ordinance amending Ordinance No 15144 and authorizing the addition of collection
fees in the amount of 30 percent on debts and accounts receivable such as unpaid fines fees, court costs
forfeited bonds and restitution ordered paid by the Municipal Court or by the hearing officer appointed
under Chapter 682 of the Texas Transportation Code
DISCUSSION
In an effort to improve collection of delinquent civil parking and criminal citations the Municipal Court
Services Department issued a request for proposal (RFP) for collection services on August 14 2008
Third party collection services were previously discontinued in September 2005 to prepare for the
implementation of the Court View case management system
Eleven proposals were received and evaluated by a team composed of staff from Municipal Court,
Finance Internal Audit and the M/WBE Office A thorough review of the proposals was conducted using
the following criteria collection rates cost to the City of Fort Worth qualifications and experience
completeness and quality of the response M/WBE compliance and staff and technology resources Based
on the evaluations and interviews staff recommends negotiating and executing a contract with Linebarger
Goggan Blair and Sampson LLP at no direct cost to the City
Article 103 0031 of the Code of Criminal Procedure allows the City Council to enter into a collections
contract with a third party and to authorize the addition of a 30 percent collection fee on certain types of
debts referred for collection On June 25 2002 the Fort Worth City Council adopted Ordinance No
15144 which authorized imposition of the collection fee on court-ordered debts
Staff recommends amending that ordinance to conform with changes in State law and to authorize
imposing the collection fee on amounts ordered to be paid by the City's hearing officer who is appointed
under Chapter 682 of the Transportation Code so that delinquent parking citations would also be subject
Logname 38COURTCOLLECT Page 1 of 2
to the collection fee Imposing a 30 percent fee on delinquent debts referred to a third party collector
allows for compensation of the collector by the defendant rather than through direct expenditure of City
funds
Under the proposed contracts delinquent amounts with an offense date on or after June 18 2003 that are
subject to the 30 percent fee would be referred to the collection agency Defendants would receive
collection notices indicating amounts due (including the collections fee) and would make payments directly
to the Municipal Count. If less than full payment is received amounts due to the collection agency would
be reduced proportionately The Municipal Court will be responsible for processing payments made by
defendants and for tracking and monitoring activity and reconciling the collection fee due to Linebarger
Goggan Blair and Sampson LLP
Linebarger Goggan Blair and Sampson LLP is in compliance with the City's M/WBE Ordinance by
committing to five percent M/WBE participation on this project. The City's goal on this project is five
percent.
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv•
Originating Department Head
Charles Daniels (6183)
Deidra Emerson (6711)
Additional Information Contact:
Logname• 38COURTCOLLECT
Deidra Emerson (6711)
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