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HomeMy WebLinkAboutORD 2002-015 ORDINANCE NO 2002-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ADOPTING A THIRTY PERCENT FEE FOR THE COLLECTION OF DELINQUENT COURT FEES AND FINES AND AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE FIRM OF LINEBARGER HEARD GOGGAN BLAIR GRAHAM PEIVA & SAMPSON, L.L.P. PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized by the Code of Criminal Procedure to assess a thirty percent (30%) collection fee on Municipal Court fines and costs which are more than sixty (60) days past due; and WHEREAS, the City of Grapevine deems it to be in the best interest of its citizens to contract for the collection of said past due Municipal Court fees and costs and to assess a thirty percent (30%) fee for the collection of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: w _ Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated into this ordinance as if copied in their entirety. Section 2. A thirty percent (30%) fee is hereby assessed on each debt or account receivable, such as fines, fees, restitution, and other debts or costs, other than forfeited bonds, ordered to be paid by the Municipal Court. Section 3. The City Manager, or his designee, is authorized to execute a contract for the collection of past due Municipal Court fines and fees with the firm of Linebarger Heard Goggan Blair Graham Pena & Sampson, L.L.P. Section 4. That all ordinances or any part thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 5. If any section, article, paragraph, sentence, clause, phrase or word ` in this ordinance, or application thereto, any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the �n�->� validity of the remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this `� ° ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 5th day of February, 2002. APPROVED: William D. Tate ! Mayor ATTEST: Linda uff �:..,,, City Secretary APPROVED AS TO FORM: J� y �' � John F. Boyle, Jr. City Attorney ORD. NO. 2002-15 2