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Home My WebLink About025418 ORD - 08/19/2003AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER__i 29 REGARDING MUNICIPAL COURT COLLECTION FEE; PR~OVlDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVlDI~IG FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CI'I'~ COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 29-51 of the Code of Ordinances is amended to read as follows: "Sec. 29-51. Municipal court Collection fee. "(a~ There is created a municipal court collection fee pursuant to Article 103.0031 of the Texas Code of Criminal ProcedUre. "(b) "Debt or account receivablei means "(1) unpaid fines, fees, cqurt costs, forfeited bonds, and restitution ordered paid by a municipal court; or "(2) amounts in cases in ,which the defendant has failed to appear: "a. as promised upder Subchapter A, Chapter 543, Transportation Code, or other law; "b. in compliance iwith 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 "e. as specified iq a citation, summons, or other notice authorized by Section 682.002, Transportation Code, that charges the defendant with a parking or stopping offense. "(c~ (1) A municipal court defendant shall pay a municipal court collection fee in the amount of thirty (30) per cent oa each debt or account receivable that is more than sixty (60) days past due and referred for collection to a private attorney or a public or private 025418 2 (2) A debt or account rec~eivable is considered more than sixty (60) days past due under subsection (c) (1) ir it remains unpaid on the 61st day after the followin,q appropriate date: "a. with respect to (b) (1), the date on must be paid in fu "b. with respect to (b) (2), the date by notified, summone a debt or account receivable described in subsection which the debt, fine, fee, forfeited bond, or court cost as determined by the court; or a debt or account receivable described in subsection which the defendant promised to appear or wa~ , or ordered to appear. "(d) The municipal court collectk by a court of competent jurisdicti time-served credit or communit n fee does not apply to a case that has been dismissed on or to any amount that has been satisfied through service. " Th .... ' ' (e) e mumc~pal court collecti(~n fee must be apphed to any balance remaining after a partial credit for time served or c~ommunity service if the balance is more than 6~ day,~ past due. "(f) With respect to cases descril~ed by subsection (b) (2), the amount to which the municipal court collection fee applies is "(1) the amount to be pale that is communicated to the defendant as acceptable to the court under its stan~dard policy for resolution of the case, if the defendant voluntarily agrees to pay ~hat amount; or "(2) the amount ordered plaid by the municipal court after plea or trial. "(.q) A defendant is not liable for, the municipal court collection fee if the municipal court judge has determined that the defendant is indi.qent, or has insufficient resources or income, or is otherwise unable t(~ pay all or part of the underlying fine or costs." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect Municipal court amendment DOC upon first reading as an emergency measure this the 2003. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Mayor 3 APPROVED: August 14, 2003 Lisa Aguilar Assistant City Attorney for City Attorney Municipal court amendment. DOC 4 Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring SUSl~ension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~ Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Municipal court amendment. DOC State of Texas } County of Nueces } Before me, the undersigned, Hinoiosa, who being first dui' Manager of the Corpus Ch~ Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri, publication of, NOTICE OF is a true copy, was inserted Wide Web on the Caller-Tim, $58.39 TWO 12 ) Time(s) PUBLISHER'S AFFIDAVIT CITY OF CORPUS C~I ss: Ad # 4648058 PO # a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ;ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, :io, Victoria and Webb Counties, and that the ~ASSAGE OF ORDINANCE NO. which the annexed the Corpus Christi Caller-Times and on the World Interactive on the 25TH day(s) of AUGUST, 2003. Credit Manager Subscribed and sworn to me on the date of'c~ AUGUST 26, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Chapter 29 regardina Municipa Cou~