A CHARTER ORDINANCE RELATING TO THE IMPOSITION, COLLECTION, AND DISBURSEMENT OF MUNICIPAL COURT COSTS AND RELATED FEES. (REPEALING CHARTER ORDINANCE No. 9)

WHEREAS, K.S.A. 12-4112 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 MUNICIAPL 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 provision 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. 12-4112, as amended, pursuant to Article 12, Section 5, of the Kansas Constitution.

Section 2. In Lieu of K.S.A. 12-4112, 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 judgment of guilty; $59 00

B.          For furnishing a transcript or judgment of appeal, to be charged against defendant if said judgment is subsequently affirmed: $46.50

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. 9, “A CHARTER ORDINANCE RELATING TO THE IMPOSITION, COLLECTION, AND DISBURSEMENT OF MUNICIPAL COURT COST AND RELATED FEES,” passed September 1, 1994 is hereby repealed.

(01-06-2005; Repealed by C.O. No. 11)