HomeMy WebLinkAboutO-2016-3653 Termination of the contract with Perdue, Brandon, Fielder, Collins & Mott, LLPORDINANCE NO. 2016-3653
AN ORDINANCE PROVIDING FOR THE TERMINATION OF THE CITY OF LA PORTE'S
CONTRACT WITH PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP FOR
COLLECTION OF DELINQUENT MUNICIPAL COURT FEES AND FINES, AND
REPEALING ORDINANCE 3191, WHICH AUTHORIZED THE IMPOSITION OF AN
ADDITIONAL THIRTY PERCENT COLLECTION FEE ON ALL DEBTS AND ACCOUNTS
RECEIVABLE MORE THAN SIXTY DAYS DUE AND REFERRED TO A PRIVATE
COLLECTION FIRM; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABLITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of LaPorte, passed and approved Ordinance 3191
on October 12, 2009, for the purpose of approving a contract (the "Contract" herein) with Perdue,
Brandon, Fielder, Collins & Mott, LLP, for the collection of delinquent municipal court fees and
fines, and additionally, to authorize the imposition of an additional thirty (30) percent collection
fee on all debts and accounts receivable more than sixty (60) days past due and referred to a private
collection firm, pursuant to Section 103.0031 of the Texas Code of Criminal Procedure;
WHEREAS, Section 5 of the Contract provides that both parties have the right to terminate
the contract without cause, in which case the terminating party must first give the non -terminating
party thirty (30) days' written notice of its intention to terminate the Contract;
WHEREAS, the City of La Porte, Texas desires to terminate the Contract for all purposes
and repeal the authorization for imposition of a thirty percent collection fee on all debts and
accounts receivable more than sixty (60) days past due and referred to a private collection firm;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. Ordinance 3191, passed by the La Porte City Council on October 12, 2009,
and which approved a contract with Perdue, Brandon, Fielder, Collins & Mott, LLP, for the
collection of delinquent municipal court fees and fines, and authorized the imposition of an
additional thirty (30) percent collection fee on all debts and accounts receivable more than sixty
(60) days past due and referred to a private collection firm, pursuant to Section 103.0031 of the
Ordinance No. Page 2
Texas Code of Criminal Procedure, is hereby repealed in its entirety. Furthermore, all other
ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed.
Section 2. The City Manager is hereby directed to immediately prepare and send thirty
(30) days' written notice to Perdue, Brandon, Fielder, Collins & Mott, LLP, of the City of La
Porte's intention to terminate the Contract, in accordance with Section 5 of the Contract.
Section 3. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any reason held
to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or
their application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared
to be severable for that purpose.
Section 4. The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
Section 5. This Ordinance shall take effect and be in force from and after its passage and
approval.
PASSED AND APPROVED this the 4 day of SEPTEMBER, 2016.
Ordinance No.
Coil
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TEST:
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Patrice Fogarty,10 SSecr
APPR VE :
Clark T. Askins, Assist. City Attorney
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