4. Ordinance 1443 - Suspend Interest Charges - Municipal Court - 1st ReadingKalispell Municipal Court
Judge Heidi Ulbricht
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7705 Fax (406)758-7758
To: Honorable Mayor and City Council Members
Chris Kukulski, City Manager
From: Judge Heidi Ulbr' h
Re: City Ordinance #1443
Date: January 2, 2003
The new court software program is scheduled to install during the week of
February 3-7, 2003. I have been in contact with Supreme Court regarding
the interest module that has to be custom written for Kalispell Municipal Court,
because currently it is the only court in the state assessing interest.
I have reviewed ordinance no. 1240(3), which requires the court to assess
interest on all contracts in the court. The problem is the interest module will
not be complete until May 2003 and if I delay installation of the program the court
probably will not have another opportunity for the software until the end of 2003.
I estimate the loss of interest revenue to be approximately $3,000.00.
I propose an ordinance be passed allowing the court to suspend assessing interest
until it has the capability of calculating the interest on the new software program.
ORDINANCE NO.1443
AN ORDINANCE AMENDING ORDINANCE NO. 1240 TO ALLOW THE MUNICIPAL
COURT TO SUSPEND INTEREST CHARGES ON ALL CONTRACTS UNTIL THE
NECESSARY SOFTWARE HAS BEEN PROVIDED TO THE COURT BY THE
VENDOR OR A PERIOD OF SIX MONTHS AND DECLARING AN EFFECTIVE
DATE.
Based upon evidence provided by the Kalispell Municipal Court Judge,
Heidi Ulbricht, the Council finds that the new court software program
scheduled to be installed during the week of February 3rd through 7th ,
2003 will not contain the necessary functions to be able to assess and track
interest charges on contracts and that such software is scheduled to be
provided within six months.
2. Therefore, Council finds that it is necessary to amend Ordinance No. 1240
to allow the Court to suspend the assessment of interest on contracts until
the necessary software has been provided or for a period of no longer than
six months.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1. Ordinance No. 1240 shall be and is hereby amended to allow the Kalispell
Municipal Court to suspend the assessment of interest charges on contracts until such
time as the necessary software is obtained for this function or for a period not to exceed
six months.
SECTION 2. 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 DAY OF 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
MEMORANDUM
TO: CHARLES HARBALL, CITY A OPNEY
FROM: JUDGE HEIDI ULBRICHT
SUBJECT: ORDINANCE REQUIRING URT TO ASSESS INTEREST
DATE: 12/23/2002
CC: CHRIS KUKULSKI, CITY MANAGER
The new court software program is scheduled to install during the week of
February 3-7, 2003. 1 have been in contact with the Supreme Court regarding
the interest module that has to be custom written for Kalispell Municipal Court,
because currently it is the only court in the state assessing interest.
I have reviewed ordinance no. 1240(3), which requires the court to assess
interest on all contracts in the court. The problem is the interest module will not
be complete until May 2003 and if I delay the installation of the program the court
probably will not have another opportunity for the software until the end of 2003.
I propose an ordinance be drafted allowing the court to suspend assessing
interest until it has the capability of calculating the interest on the new software
program.
ORDINANCE NO. 1240
AN ORDINANCE AMENDING ORDINANCE NO. 1166 BY ESTABLISHING CITY COURT
FEES FOR CRIMINAL ACTIONS, 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 City Court in the
disposition of all criminal and traffic citations and
complaints:
1) Fees;
A) The Court fee for posting bond for any case pending
in the City court of the City shall be five dollars
($5.00), in addition to the regular bond. This five
dollar ($5.00) Court fee shall be paid at the time of
posting of bond. If, at a later date, .the City 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 City Court, and is found guilty 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 City 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;
There shall be levied and assessed upon any contract
allowing the payment of fines, costs, and charges to City
Court on an installment basis an administrative fee of
$10.00 for each contract.
3) Interest;
City Court shall assess interest on all contracts in City
Court at the maximum amount allowed by law on judgements.
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 BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL,
THIS DAY OF JUNE, 1996.
ATTEST:
CM
Debbie Gif CMC
Clerk of C it