Ord 2013-065/Providing for a fee to defray costs of collecting delinquent fines, fees, court costs and other debts

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ORDINANCE NO. 2013-65 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS PROVIDING FOR A FEE TO DEFRAY COSTS OF COLLECTING DELINQUENT FINES, FEES, COURT COSTS, AND OTHER DEBTS PURSUANT TO ARTICLE 103.0031 OF THE TEXAS CODE OF CRIMINAL PROCEDURE; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: I. Article 103.0031 of the Texas Code of Criminal Procedure authorizes the City of San Marcos to contract with a private firm for the collection of certain Municipal Court fees and to impose an additional fee in the amount of thirty percent (30 %) on each debt or account receivable that is more than 60 days past due and which has been referred to an attorney for collection. 2. The City of San Marcos has determined that it is in the public interest to ensure the prompt payment of delinquent court- imposed fines, fees, court costs, and other debts as provided by said statute. 3. The City of San Marcos deems it in the public interest to pass this ordinance authorizing an additional collection fee for the collection of delinquent fines, fees, court costs, and other debts. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS THAT: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City of San Marcos and made a part of this ordinance for all purposes and findings of fact. SECTION 2. In accordance with Article 103.0031 of the Texas Code of Criminal Procedure, there is hereby imposed an additional fee of thirty percent (30 %) on all debts and accounts receivable, i.e., fines, fees, court costs, restitution, and other debts that are more than ninety (90) days past due and have been referred to a private firm for collection. SECTION 3. Pursuant to this ordinance, the City may, as it deems appropriate, enter into a contract with a qualified firm to provide services for the collection of fines, fees, court costs, and other debts. SECTION 4. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 5. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.