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Ordinance 1649 - Amends Ordinance 1525 - Municipal Court Civil FeesORDINANCE 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. ATTEST: i Theresa White City Clerk