HomeMy WebLinkAboutOrdinance 15144~,
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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 THIRTY PERCENT ON FINES, FEES, RETITUTION AND
OTHER DEBTS OR COSTS ORDERED TO BE PAID BY THE COURT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
OTHER CITY ORDINANCES AND REPEALING ORDINANCES IN
CONFLICT HEREWITH; PROVH)ING 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 Fort 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,
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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repealed.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 bylaw
APPROVED AS TO FORM AND LEGALITY:
David ,City Attorn y
By ~i~- -P~Y'~-t ~-
Assistant Cit A orney
ADO>yrED• ~ ~ ~5 ~ b ~
EFFECTIVE r 1 ~ b ~
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/25/02 C-19135 38FEES 1 of 2
SUBJECT AWARD OF CONTRACT TO LINEBARGER GOGGAN BLAIR PENA & SAMPSON, LLP
TO PROVIDE COLLECTIONS FOR DELINQUENT ACCOUNTS FOR THE MUNICIPAL
COURT AND ADOPTION OF ORDINANCE AUTHORIZING ADDITIONAL
COLLECTION FEES
RECOMMENDATION
It is recommended that the City Council.
1 Authorize the City Manager to execute a contract with Linebarger Goggan Blair Pena & Sampson,
LLP, a Texas law firm, to provide collection services for Municipal Court; and
2 Authorize this agreement to begin October 1, 2002, and expire September 30, 2003, with options to
renew for three additional one-year periods, and
3 Adopt the attached ordinance authorizing the additional collection. fees in the amount of 30% on
fines, fees, restitution and other debts or costs ordered to be paid by Municipal Court.
DISCUSSION
The award of the collection services contract to Linebarger Goggan Blair Pena & Sampson, LLP, a
Texas law firm, will replace a contract executed with State Metropolitan & County Services (SMCS) on
September 25, 2000 City Secretary Contract No 26429 was renewed with State Metropolitan &
County Services to provide collection services to .Municipal Court from October 1, 2001, through
September 30, 2002
The collection services contract with Linebarger Goggan Blair Pena & Sampson, LLP will be two-fold
The first provision of the contract will be executed under Article 103 0031, Code of Criminal Procedure,
which allows the addition of a 30% collection fee to the amount owed on a citation upon which a judgement
has been entered (these are known as adjudicated cases) The 30% fee, which was authorized in the
2001 legislative session, is paid to the contractor only when payment is received on the citation In
order to add the 30% fee on adjudicated cases, the City Council must authorize, through the adoption
of an ordinance, the addition of the fee as allowed under Article 101- 0031 of the Code of Criminal
Procedure
Under the second provision of the contract, the contractor will receive 25% of any eligible monies
collected on all non-adjudicated cases The 25% collection fee will be paid from the amount owed on
the citation The 25% fee is only paid when payment is actually received on the citation
Linebarger Goggan Blair Pena & Sampson, LLP is in compliance with the City's M/WBE Ordinance by
committing to 5% M/WBE participation The City's goal on this project is 5%
City of Fort Worth, Texas
Mayor and Council Communication
DATE
6/25/02 REFERENCE NUMBER
C-19135 LOG NAME
38FEES PAGE
2 of 2
SUBJECT AWARD OF CONTRACT TO LINEBARGER GOGGAN BLAIR PENA & SAMPSON, LLP
TO PROVIDE COLLECTIONS FOR DELINQUENT ACCOUNTS FOR THE MUNICIPAL
COURT AND ADOPTION OF ORDINANCE AUTHORIZING ADDITIONAL
COLLECTION FEES
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available an the current operating budget, as appropriated,
of the General Fund
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Elsa Paniagua 6711 (from) APPROVED 06/25/02
GG01 539120 0381000 ORD.#15144
Additional Information Contact:
E1sa.Paniagua 6711