Res 1611 01112022 Collecting Court Fees of C1$
Albnro
TCx P.s
"City of Choice"
RESOLUTION No. 1611
The City Council of the-City of Cibolo,-Texas, convened at a regular meeting of said .
Council at the City' Municipal.Building of said city on the l lch day of January, 2022,
when among other business, the following was transacted with a quorum of members
present:
RESOLUTION AUTHORIZING COLLECTION: FEE IN:THE AMOUNT OF
30% OF DEBTS AND ACCOUNTS RECEIVABLE SUCH AS UNPAID
FINES, FEES, COURT COSTS, FORFEITED BONDS, AND RESTITUTION
ORDERED PAID BY A MUNICIPAL COURT SERVING THE CITY, AND
AMOUNTS IN CASES IN WHICH THE ACCUSED HAS FAILED TO
APPEAR:
1) AS PROMISED. UNDER SUBCHAPTER A,'--. CHAPTER 543,
TRANSPORTATION CODE, OR OTHER LAW;
2) IN.COMPLIANCE WITH A LAWFUL WRITTEN NOTICE TO APPEAR
ISSUED. :UNDER ARTICLE 14.06(b), TEXAS CODE OF CRIMINAL
PROCEDURE, OR OTHER LAW;
3) IN COMPLIANCE WITH A LAWFUL SUMMONS ISSUED UNDER
ARTICLE 15.03(b), TEXAS CODE OF CRIMINAL PROCEDURE;
4) -IN COMPLIANCE WITH A LAWFUL ORDER OF A COURT SERVING
THE CITY; OR
5) AS SPECIFIED IN A CITATION, SUMMONS, OR .OTHER.NOTICE.
AUTHORIZED BY SECTION 682.002, TRANSPORTATION CODE,
THAT CHARGES THE ACCUSED WITH A PARKING OR STOPPING
OFFENSE,
WHEN SUCH DEBTS, ACCOUNTS RECEIVABLE AND- AMOUNTS ARE
MORE THAN 60 DAYS PAST DUE AND HAVE BEEN REFERRED TO AN
ATTORNEY OR OTHER VENDOR FOR COLLECTION.
��u i!►c i s+^ (s2 u i�� introduced the resolution.and made a motion
that the same be adopted. Caurc,(cuam w (�k L41 bairn seconded_ the motion for
adoption of the resolution. The motion, carrying with it the:adoption of the resolution,
prevailed by the following vote:
AYES: 7
NAYS: Ap
ABSTENTIONS:
The Mayor thereupon,announced that the motion had duly and lawfully carried and that
the resolution had been duly and lawfully adopted. The resolution thus adopted follows:
WHEREAS, the City of Cibolo wishes to defray its costs of collection that it
incurs under a contract for''collection of delinquent court fines and fees:between
said City arid a collection firm as authorized under the provisions- of Article
103.003 1, Texas Code of Criminal Procedure;
WHEREAS,.under said article, the governing body of said City is empowered to
authorize the addition-of 30% on each debt and: account receivable; including
fines and fees, and on each amount in cases.in which the accused has failed to
appear, when .each is more than 60 days past due and has been referred for
collection.
NOW, THEREFORE, -
BE IT RESOLVED BY THE CITY COUNCIL :OF THE CITY OF
CIBOLO, TEXAS, SITTING AS THE GOVERNING BODY OF SAID
CITY, THAT:
Section 1: THE RECITALS SET FORTH IN THIS RESOL UTION ARE TR UE
AND CORRECT.
Section 2: (a) A COLLECTION FEE IS HEREBY AUTHORIZED AND
IMPOSED, AS :PROVIDED BY ARTICLE 103.0031, TEXAS CODE OF . .
CRIMINAL -PROCEDURE, IN THE AMOUNT OF 30% OF DEBTS AND
ACCOUNTS RECEIVABLE, SUCHAS UNPAID FINES, FEES, COURT COSTS,
FORFEITED BONDS, AND RESTITUTION ORDERED PAID BY A
MUNICIPAL CO URT SER VING THE CITY WHEN SUCH DEBT OR ACCO UNT
RECEIVABLE IS -MORE THEN 60 DAYS PAST DUE AND HAS BEEN
REFERRED TO AN ATTORNEY OR PRIVATE VENDOR FOR COLLECTION,
AND.
(b) A COLLECTION:FEE IS HEREBY'A UTHORIZED AND
IMPOSED, AS PROVIDED BY -ARTICLE 103._0031, TEXAS CODE OF
CRIMINAL PROCEDURE, IN THE AMOUNT OF 30% OF AMOUNTS IN
CASES IN WHICH THE ACCUSED HAS FAILED TO APPEAR:
(1) AS PROMISED UNDER SUBCHAPTER A, CHAPTER
543, TRANSPORTATION CODE, OR OTHER'LAW;_--
(2) IN COMPL)ANCE WITH A LAWFUL WRITTEN
NOTICE TO APPEAR ISSUED UNDER ARTICLE 14.06 (b) OR
OTHER LAW;
(3) IN COMPLIANCE WITH A LAWFUL SUMMONS
ISSUED UNDER ARTICLE 15:03(b), TEXAS CODE. OF
CRIMINAL PROCEDURE,
(4) IN COMPLIANCE WITH A LAWFUL ORDER OF A
COURT SERVING THE CITY, OR
(S) AS SPECIFIED IN A CITATION, SUMMONS, OR
OTHER NOTICE AUTHORIZED BY SECTION 682.002,
TRANSPORTATION CODE, THAT CHARGES THE ACCUSED
WITHA PARKING OR STOPPING OFFENSE,
WHEN SUCH AMOUNTS ARE MORE THAN 60 DAYS PAST DUE AND HAVE
BEEN REFERRED TO AN ATTORNEY OR PRIVATE VENDOR FOR
COLLECTION.
PASSED,APPROVED and ADOPTED this 11 th day ofTanuca-j , 2021.
CITY OF CIBOLO
BY:
S osh Bo ,
Mayor
ATTEST:
Peggy Cimics, TRMC,
City Secretary