18 Municipal Court Costs & Fees CHARTER ORDINANCE NUMBER 18
(First pUblished in The Salina Journal FV~ I L~3 , 1980)
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A CHARTER ORDINANCE RELATING TO THE IMPOSITION AND COLLECTION OF MUNICIPAL COURT
COST AND RELATED FEES.
WHEREAS, the City of Salina, Kansas, is a city of the first class; and,
WHEREAS, K.S.A. il2-4112, prohibits the City of Salina from imposition and collection
of court cost, but that A~torney General Opinion 78-302 states that the "Kansas Code of
Procedure for Municipal C~urts", does not apply uniformly to all cities in the State of
Kansas; and,
WHEREAS, the City of Salina hereby elects to exempt itself from the provisions of
iK.S.A. 12-4112 pursuant t~ its home rule powers as set forth in Article 12, Section 5(C)(1)
et seq. of the Kansas ConStitution, and to provide for substitute and/or additional provisions
on the same subject. .
/
BE IT THEREFORE ORDAINED by the Board of Commissioners of the City
of
Salina,
Kansas:
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Section 1. That the City of Salina hereby elects to exempt itself from the
provisions of K.S.A. 12-4112, pursuant to Article 12, Section 5(C)(1), of the Kansas
Constitution.
Section 2. Thal in lieu of K.S.A. 12-4112, the City of Salina hereby adopts the
following schedule of coul cost and fees to be charged and collected in all actions and
cases filed and docketed n the Municipal Court or Traffic Bureau:
(a). For docketing any case and thereafter entering any final judgment
or order $ 7.50
(b). For furnisf,ing a transcript or judgment of appeal to be charged against
defendant f said judgment appealed from is affirmed $15.O0
(c). For executing any document in the Traffic Bureau which constitutes a
Waiver of 'rial, and an authorization to enter a plea of guilty on
behalf of :he defendant $ 4.00
Section 3. All court costs and fees provided for by this Charter Ordinance are to
be collected by the Municlpal Court, or clerk, and shall be paid into a fund hereby created
led the Municipal Courl: Fund, and shall be maintained by the City Clerk, to be disbursed
upon proper voucher for t~e following purposes:
· For payment of attorney fees properly charged against said fund for
(a) representation of indigent defendants as provided by law.
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(b). For paymen'~ cost of seminars attended by Court officers, clerks,
and judicial officers of the City of Salina.
(c). For paymenl: of equipment and supplies as required and approved by the Municipal
the Municipal Court.
(d). To transfel' any excess to the City General Fund once each year as
ordered by the Board of Commissioners of the City of Sa.lina.
Section 4. Thi~ ordinance shall be published for two (2) successive weeks, in the
official c~ ~s~aper b, this ordinance shall not become effective until 60 days after
I.
its final publication not,Including the date of the first publication, and provided further
that it shall not take ef[ect if within 60 days of its final publication a petition signed
by a number of electors o~ the City equal to not less than 10% of the number of electors who
voted at the last precediOg regular city election shall be filed in the office of the City
Clerk of such city demanding that such ordinance be submitted to a vote of the electors, it
shall not take effect until submitted to a referendum and approved by a majority of the
electors voting thereon·
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Passed by the Bard of Commissioners this 12th day of May, 1~80.
--~ Dan S. Gels, Mayor
(SEAL)
ATTEs~:_~'
I D.L. Harrison, City Clerk
CITY OF SALINA )
COUNTY OF SALINE ) SS
STATE OF KANSAS ) '
I, D. L. Harrison, City Clerk of the City of Salina, County of Saline,
State of Kansas, do hereby certify that the above and foregoing is a full, true
and correct copy of Charter Ordinance Number 18 of the said City of Salina, and
that all acts and things required by Article 12, Section 5, of the Constitution
i~ of the State of Kansas were done and performed in the manner and within the time
,,..~ prescribed and that said ordinance became effective on the 22nd day o.f July, 1980.
WITNESS my hand and the Seal of said City this 23rd day of July, 1980.
D. L. Harrison, City Clerk
(~SLEAL)