HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/1999 - RESOLUTION 99-68 APPROVING A CHARGE FOR PERSONAL S AGENDA ITEM SUMMARY ITEM NUMBER: 23
DATE: June 1, 1999
FORT COLLINS CITY COUNCIL
STAFF: Kathleen M. Lane
SUBJECT:
Resolution 99-68 Approving a Charge for Personal Service Costs for Cases Heard in the Fort Collins
Municipal Court.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT:
Although there may be some increase in revenues collected by the Municipal Court due to the
establishment of this cost, it is not anticipated to be significant.
EXECUTIVE SUMMARY:
On May 17, 1999, House Bill 99-1364, "Concerning the Use of Automated Vehicle Identification
Devices," was signed by the Governor. That bill affects the City`s use of the camera radar and red
light traffic enforcement systems. In the portion of that bill relating to service of process,there is
a provision indicating that a municipality may charge the actual costs of personal service of process.
At this time,Judge Lane is recommending that City Council approve the establishment of a personal
service cost so that when it is necessary for apolice officer to locate and personally serve a defendant
with a summons and complaint,the cost of that service can be assessed against the defendant. This
cost would only be assessed and due if the defendant pled "guilty" or "no contest" or was found {
guilty at trial. As with other costs, it may be waived by the Judge if the defendant is indigent or
when otherwise appropriate.
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• RESOLUTION 99-68
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A CHARGE FOR PERSONAL SERVICE COSTS
FOR CASES HEARD IN THE FORT COLLINS MUNICIPAL COURT
WHEREAS, Section 1 of Article VII of the Charter of the City of Fort Collins, Colorado,
provides that rules, procedures, costs and fees for the Municipal Court of the City of Fort Collins
shall be enacted by the Council upon recommendation of the Municipal Judge; and
WHEREAS, Municipal Judge Kathleen M. Lane has recommended the adoption of a
personal service cost for cases in Municipal Court in which the defendant has to be located and
personally served with a summons and complaint by a police officer; and
WHEREAS,the City Council believes that the establishment of the recommended cost is in
the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a charge in the amount of the actual cost of service (with a minimum
. established and revised as necessary by Fort Collins Police Services) is hereby approved by the
Council and shall be imposed upon defendants in all cases filed in the Fort Collins Municipal Court
in which the defendant has to be located and personally served with a summons and complaint by
a police officer and then enters a plea of "guilty" or"no contest" to the charge(s)or is found guilty
of the charge at trial, unless such cost is specifically waived by the Court.
Section 2. That the cost authorized herein shall take effect immediately.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
1 st day of June, A.D. 1999.
Mayor
ATTEST:
City Clerk