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ORDINANCE 2016-3

ORDINANCE BY THE TOWN OF ST. FRANCISVILLE, LOUISIANA TO ASSESS A COLLECTION FEE ON DEBTS REFERRED TO COLLECTION AGENCY

An ordinance establishing that the Town of St. Francisville, Louisiana authorizes the assessment of a collection fee on debts, accounts receivable, costs, fines and fees turned over to a collection agency.
WHEREAS, the Town Council recognizes that there are certain debts and accounts on which the Town of St. Francisville has been unable to collect funds due;

WHEREAS, the Town Council recognizes that there are certain fines, costs and fees ordered by City Court which remain outstanding;

WHEREAS, the Town Council recognizes that as the governing authority for the Town of St. Francisville, there exists a duty to exercise due diligence in collecting public funds;

WHEREAS, the Town Council recognizes that the Town of St. Francisville is authorized by state law to contract with a collection agency for the collection of one or more of the following items:
1. Debts and accounts receivable including, but not limited to, unpaid utility fees, penalties, interest and other sums due the municipality, as applicable; or
2. Court penalties, costs, fines and fees in cases in municipal court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court;

WHEREAS, the Town Council recognizes that a collection fee will be required to obtain the services of a collection agency to collect these sums, and desires to assess such a fee;

WHEREAS in case any one or more of the provisions of this ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of said ordinance, but the same shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this ordinance which validate or make legal any provisions thereof shall be deemed to apply hereto.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of St. Francisville, State of Louisiana, in legal and regular and/or special session, acting as the “Governing Authority” of said City, adopt the following ordinance to the Town of St. Francisville Code.

BE IT ORDAINED by the Counsel of the Town of St. Francisville, Louisiana: SECTION I. The Town of St. Francisville hereby assesses a collection fee in an amount not to exceed twenty-five percent (25%) of the delinquent municipal debt when the Town of St. Francisville has entered into a contract with the Louisiana Municipal Advisory and Technical Services Bureau (“LaMATS”) for collection of the above listed items. This fee will be added to all sums submitted to the collection agency regardless of age.

SECTION II. BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Ordinance which can be given affect without the invalid provisions, items or applications and to this end the provisions of this Ordinance are hereby declared severable.

SECTION III. BE IT FURTHER ORDAINED that all Ordinances or parts thereof in conflict herewith are hereby repealed.

THIS ORDINANCE WAS INTRODUCED on the 22 day of March, 2016.

NOTICE PUBLISHED on the 31st day of March, 2016.
The final adoption of the foregoing ordinance having been duly moved and seconded, the roll was called and the following vote was taken and recorded:

YEAS: Robert P. Leake, Abby T. Cochran and James Davis

NAYS: none

ABSENT: James R. Leake and Gigi Robertson

There being a favorable vote on the ordinance of at least a majority of the authorized members of the Governing Authority, the ordinance was declared Adopted on this the 10th day of May, 2016.

/s/ Shannon Sturgeon /s/ William H. D’Aquilla
Shannon Sturgeon, Clerk William H. D’Aquilla