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Res 17-05 Authorizing a collection fee for certain debts owed to the municipal court TOWN OF WESTLAKE RESOLUTION NO. 17-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A COLLECTION FEE FOR CITATIONS ISSUED IN THE MUNICIPAL COURT OF THE TOWN OF WESTLAKE, WHICH ARE PAST DUE AND/OR DELINQUENT AND HAVE BEEN PLACED WITH AN AGENCY FOR COLLECTION RECOVERY. WHEREAS the Town of Westlake wishes to defray its costs of collection that it incurs under a contract for collection of delinquent court fines and fees between the Town and a collection firm as authorized under the provisions of Article 103.003 1, Texas Code of Criminal Procedure; and WHEREAS, under said article, the Town Council of the Town of Westlake 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. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: A collection fee is hereby authorized and imposed, as provided by Article 103).003 Texas Code of Criminal Procedure: (a) 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 Town when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection; and (b) 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, Texas 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; Resolution 17-05 Page 1 of 2 (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 Town; or (5) as specified in a citation, summons, or other notice authorized by Section 682.002, Texas Transportation Code, that charges the accused with a 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. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27""' DAY OF FEBRUARY 2017. .a ATTEST: ' AZ h Laura L. Wheat, Mayor - KeO Edw , s, Town Secretary Thomas E. Brymer´┐Ż; ' n-Manager APPROV S T, ' OR 4: QF WEST IStrfn wry owr Attorney I'e X P,5 Resolution 17-05 Page 2 of 2