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2. Municipal Court SurchargeKalispell Municipal Count Judge Heidi Hlbricht Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone f406)758-7705 Fax (406)758-7758 TO: Mayor and City Council FROM: Judge Heidi Ulbricht SUBJECT: Court Security and Technology MEETING DATE: January 18, 2005 Background: Kalispell Municipal Court is requesting an amendment to ordinance 1240 (attached) to include a $5.00 surcharge to fund Court Security and Technology. In addition the Court requests a $5.00 fee be assessed in the event of an appeal to cover the cost of duplicating the court record. It is estimated that the Security/Technology surcharge would generate approximately $15,000. This fund would be used to purchase technological and/or security enhancements. RECOMMENDATION: Amend Ordinance 1240 to include a Municipal Court Technology and Security Fund. FISCAL EFFECTS: Unknown Heidi bricht Municipal Court Judge 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 Catty 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: C Debbie GifaW!!�-kMC Clerk of C