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5. Ordinance 1525 - Amending Municipal Civil Court Surcharges - 1st ReadingKalispell Municipal Curt Judge Heidi Ulbrieht Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7705 Fax (406)758-7758 TO: Mayor and City Council FROM: Judge Heidi Ulbricht SUBJECT: Ordinance No. 1525 MEETING DATE: February 22, 2005 Background: On January 18, 2005, Kalispell Municipal court requested an amendment to Ordinance No. 1240 to include a $5.00 surcharge to fund court Security and Technology. In addition, the Court requested a $5.00 fee be assessed in the event of an appeal to cover the cost of duplicating the court record. The City Council unanimously agreed to assessing the surcharge and allowing for the appeal cost. RECOMMENDATION: Amend Ordinance 1240 to include a Municipal Court Technology and Security Fund. i Heidi Ulbricht` Municipal Court Judge ORDINANCE NO. 1525 AN ORDINANCE AMENDING ORDINANCE NO.1304 BY AMENDING VARIOUS CIVIL FEES FOR THE MUNICIPAL COURT AND ESTABLISHING A SURCHARGE TO FUND COURT SECURITY AND TECHNOLOGY AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS. SECTION I. 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, S20.00; 3) For all filings with the Court, $5.00 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 II. 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 HI.This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 7TH DAY OF MARCH, 2005. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk