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6. Ordinance 1526 - Amending Municipal Criminal Court Surcharges - 1st ReadingKalispell Municipal Court Judge Heidi Ulbricht 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. 1526 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. Heidi Ulbricht Municipal Court Judge ORDINANCE NO. 1526 AN ORDINANCE AMENDING ORDINANCE NO. 1240 BY AMENDING CERTAIN MUNICIPAL COURT FEES FOR CRIMINAL ACTIONS AND ESTABLISHING A SURCHARGE TO FUND COURT SECURITY AND TECHNOLOGY, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That there is hereby established the following fees and charges to be levied by the Municipal Court in the disposition of all criminal and traffic citations and. complaints: I ) Fees: A) The Court fee for posting bond for any case pending in the Municipal Court of the City shall be five dollars (S5.00), in addition to the regular bond. This Eve dollar ($5.00) Court fee shall be paid at the time of posting of bond. If, at a later date, the Municipal Judge or a jury finds the defendant not guilty, the five dollar ($5.00) Court fee will be returned to the defendant. If the defendant forfeits the posted bond, the five dollar ($5.00) Court fee shall also be forfeited. B) A twenty dollar ($20.00) Court fee, in addition to the regular fine, shall be assessed against any person who appears in the Municipal Court, and is convicted of the charges brought against him or her. This twenty dollar ($20.00) Court fee shall not be assessed until a conviction has been reached by either the Judge or jury. This twenty dollar ($20.00) Court fee is to be paid along with the regular fine, and is to cover the Court costs incurred in the action. If a defendant has previously posted a Court fee for posting bond, the defendant shall pay the difference between the amount of the bond fee and the twenty dollar ($20.00) Court fees upon receiving a guilty verdict. C) If a not -guilty verdict is returned by either the Judge or the jury, there shall be no Court fee assessed against the defendant. D) The Municipal Judge shall have no discretion in levying the Court fee, and all defendants who are found guilty either by plea, the Judge, or a jury shall be responsible for said Court fee. E) No Court fee shall be assessed against the defendant in any case involving a parking violation. 2) Administrative Fees: Included in each fine is a $5.00 Court Security and Technology Surcharge. There shall be levied and assessed upon any contract allowing the payment of fines, costs, and charges to Municipal Court on an installment basis an administrative fee of $ 10.00 for each contract. There shall be a $5.00 fee for duplicating the court record for all appeals. 3) Interest: Municipal Court shall assess interest on all contracts in Court at the maximum amount allowed by law on judgments. SECTION II. That this Ordinance shall take effect from and after thirty days of its passage by the City Council. SECTION III. That the City Attorney is hereby authorized and directed to recodify this Ordinance. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2005, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk