Ordinance No. 10,098Ordinance No. 10,098
• AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER I "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED
AND ENTITLED SECTION 1 -16 "COLLECTION FEES" TO PRESCRIBE A
THIRTY PERCENT (30 %) COLLECTION FEE ON CERTAIN
ADJUDICATED AND UNADJUDICATED CRIMINAL AND CIVIL
OFFENSES THAT HAVE BEEN OUTSOURCED FOR COLLECTION;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 1 "General Provisions" of the Code of Ordinances, Baytown,
Texas, is hereby amended by adding a new section to be numbered and entitled Section 1 -16
"Collection Fees," which said section reads as follows:
CHAPTER 1. GENERAL PROVISIONS
Sec. 1 -16. Collection Fee
(a) Fee imposed. A collection fee in the amount of 30 percent shall be imposed on each of
the following items if an item is more than 60 days past due and has been referred to a
private attorney or a private vendor for collection services:
(1) debts and accounts receivable such as unpaid fines, fees, court costs, forfeited
bonds, and restitution ordered paid by the municipal court;
(2) amounts in cases in which the accused has failed to appear:
(A) as promised under Subchapter A, Chapter 543, Transportation Code, or
other law;
(B) in compliance with a lawful written notice to appear issued under Article
14.06(b) or other law;
(C) in compliance with a lawful summons issued under Article 15.03(b) or
other law;
(D) in compliance with a lawful order of the municipal court; or
(3) false alarm penalties or fees imposed by the city pursuant to chapter 30, article II
® of the code.
(b) Application of fee. 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 60 days
past due. With respect to cases described by subsection (a)(2), the amount to which the
30 percent collection fee applies is:
(1) 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
(2) the amount ordered paid by the court after plea or trial.
(c) Exceptions. The collection fee does not apply to:
(1) a case that has been dismissed by the municipal court or to any amount that
has been satisfied through time - served credit or community service;
(2) a defendant that the municipal court has determined is indigent, or has
insufficient resources or income, or is otherwise unable to pay all or part of
the underlying fine or costs; or
(3) criminal or civil offense that was committed on or before June 18, 2003.
(d) Past due. An item subject to the additional collection fee authorized by Subsection (a)
is considered more than 60 days past due if it remains unpaid on the 61st day after the
following appropriate date:
(1) with respect to an item described by subsection (a)(1), the date on which the
debt, fine, fee, forfeited bond, or court cost must be paid in full as determined
by the municipal court;
(2) with respect to an item described by subsection (a)(2), the date by which the
accused promised to appear or was notified, summoned, or ordered to appear;
or
(3) with respect to an item described by subsection (a)(3), the date on which the
service fee is due, which is 30 days after receipt of false alarm notification.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
® circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
2
• persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 14th day of July, 2005.
1
CALVIN MUNDINGER, Mayor
ATTEST:
' lt�
GNRV W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci Attorney
0 RAKarcn\Files \City CouncikOrdinances12005Vuly WCollectionFeeOrdinance.doc