A CHARTER ORDINANCE RELATING TO THE IMPOSITION, COLLECTION, AND DISBURSEMENT OF MUNICIPAL COURT COSTS AND RELATED FEES. (REPEALING CHARTER ORDINANCE No. 8)

WHEREAS, the City of Enterprise, Kansas, is a city of the third class; and,

WHEREAS, K.S.A. 12-4-112, prohibits the assessment of court costs for the administration of justice in any municipal court; and,

WHEREAS, Attorney General Opinion 78-302 states that the “KANSAS CODE OF PROCEDURE FOR MUNICIPAL COURTS” does not apply uniformly to all cities in the State of Kansas, and

WHEREAS, the City of Enterprise, Kansas, hereby elects to exempt itself from the provisions of K.S.A. 12-4112, as amended pursuant to home rule powers of the Kansas Constitution and to provide for substitute and additional provisions on the same subject.

BE IT THEREFORE ORDAINED BY THE GOVERNING BODY OF THE CITY OF ENTERPRISE, KANSAS, THAT:

Section 1: The City of Enterprise, Kansas, hereby elects to exempt itself from the provisions of K.S.A. 21-4112, as amended, pursuant to Article 12, Section 5, of the Kansas Constitution.

Section 2: In lieu of K.S.A. 21-4112, the City of Enterprise, Kansas, hereby adopts the following schedule of court costs and fees to be charged in the Municipal Court of Enterprise, Kansas, to-wit:

A.    For docketing any case which thereafter results in a final judgement of guilty;          $37.50

B.     For furnishing a transcript or judgment of appeal to be charged against defendant if said judgment is subsequently affirmed;          $25.00

Section 3: All court costs and fees provided by this Charter Ordinance are to be collected by the Municipal Judge or Municipal Court Clerk, and shall be paid into the general fund of the City of Enterprise, Kansas.

Section 4: Charter Ordinance No. 8, “A CHARTER ORDINANCE RELATING TO THE IMPOSITION, COLLECTION, AND DISBURSEMENT OF MUNICIPAL COURT COSTS AND RELATED FEES,” passed July 2, 1992, is hereby repealed.

(09-01-1994; Repealed by C.O. No. 10a)