2. Ordinance 1649 - Amending Ordinance 1525 - Municipal Civil Court Fees and Charges - 2nd Readingter.
Kalispell Municipal Court
PO Box 1997, Kalispell, MT 59903
PHONE: 406-758-7705 FAX: 406-758-7773
MEMORANDUM
TO: Mayor Pamela B. Kennedy and Kalispell City Council
Interim City Manager, Myrt Webb
FROM: Judge Heidi Ulbricht, Kalispell Municipal Court
SUBJECT: Ordinance No. 1649 An Ordinance Amending Kalispell Municipal Code
2-69that establishes the Municipal Court Civil Fees and Declaring
an Effective Date.
MEETING DATE: Monday, November 17, 2008 — Regular Council Meeting
BACKGROUND: Kalispell Municipal Code 2-69 established fees and charges to be levied
by Kalispell Municipal Court in the disposition of civil proceedings. Ordinance No. 1649 will
increase the $5.00 Security and Technology fee to $10.00 to continue to provide the court with
equipment, fixtures and supplies.
RECOMMENDATION: That Council considers and passes Ordinance No. 1649.
udge Heidi br t
November 13, 2008
ORDINANCE NO.1649
AN ORDINANCE AMENDING ORDINANCE NO.1525 AND KALISPELL CITY CODE
2-69 THAT ESTABLISHES THE MUNICIPAL COURT FEES AND CHARGES FOR
CIVIL MATTERS AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has established a Municipal Court under the authority Montana state law
at MCA 3-6-101; and
WHEREAS, Municipal Court is required under state law to charge and collect various fees and
surcharges to individuals utilizing the Court for civil litigation to pay for court
information technology and administrative services; and
WHEREAS, Municipal Court operations incur numerous monetary expenses for court
administrative expenses, necessary room, technology, furniture, fixtures and
supplies, as well as salaries and related monetary expenses; and
WHEREAS, the Kalispell City Council desires that the Municipal Court charge and collect
adequate fees for the service it provides with respect to each civil action or
complaint processed by the Court.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 That there is hereby established the following fees to be levied by the
Municipal Court in the disposition of civil proceedings, except for proceedings under
Title 40, Chapter 15, Montana Code Annotated:
1) At the commencement of each action or proceeding, from the plaintiff or
petitioner, $35.00;
2) From each defendant or respondent, on appearance, $20.00;
3) For all filings with the Court, $10.00 Court Security and Technology fee;
4) On entry of judgment, from the prevailing party, $20.00;
5) For preparing copies of papers on file in the Court office, 50 cents a page for the
first five pages of each file, for each request, and 25 cents for each additional
page;
6) For each facsimile transmission, $1.00 a page;
7) For each certificate, with seal, $2.00;
8) For search of Court records, 50 cents for each year searched, not to exceed a total
of $25.00;
9) For issuing an execution, $5.00;
10) For filing a motion for substitution of a judge, $40.00;
11) For duplicating the Court record for appeal, $5.00.
SECTION 2. All funds paid to the Court under this Ordinance shall be deposited with
the City Finance Department and credited to the general fund of the City.
SECTION 3 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 17TH DAY OF NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk