HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2010 - RESOLUTION 2010-001 APPROVING REVISED COSTS AND FE DATE: January 5, 2010 k AGENDA ITEM SUMMARY
STAFF: Kathleen Lane FORT
Resolution 2010-001 Approving Revised Costs and Fees for Fort Collins Municipal Court.
EXECUTIVE SUMMARY
The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other penalties. According
to the City Charter, these costs and fees are enacted by Council, upon recommendation of the Judge. Various costs
and fees have been approved by resolution over the years. At this time, Judge Lane recommends increasing the
amount or applicability of certain existing costs and fees and adding certain new fees.
BACKGROUND / DISCUSSION
A detailed description of the City's court costs and fees follows, including references to state statutes and rules,where
applicable. All costs and fees are included, even if no increase or change is proposed, in order to maintain an up-to-
date list of all court costs and fees:
Cost or Fee Amount When Applicable
Appeal Fee $200.00 deposit; When appeal is filed (cost of preparing record
$3.00/transcript or transcript of proceedings must be paid in
page assessed advance).
Section 13-10-116, C.R.S.; Rule 237(b),
Colorado Municipal Court Rules of Procedure
(CMCRP); Rule 37(a), Colorado Rules of
Criminal Procedure.
*No change*
Collection Fee $30.00 When defendant does not appear or pay and
the case is referred to a collection agency
*New fee; applies in lieu of compact, default,
OJW, or warrant fee and does not apply to
Camera Radar/Red Light cases per state
statute restrictions*'
Compact Fee $30.00 When defendant(with out-of-state driver's
license) does not appear on a traffic case
*No change*
Continuance Fee $10.00 When defendant postpones the arraignment
on a case more than once
*No change*
Court Cost $25.00 When defendant enters a plea of guilty or no
contest after arraignment, including deferred
judgment cases, or is found guilty at trial
*No change*
January 5, 2010 -2- ITEM 11
Cost or Fee Amount When Applicable
Default Judgment Fee $30.00 When defendant(with Colorado driver's
license) does not appear on a traffic case
Per section 42-2-118(3)(c), C.R.S., half of this
fee is remitted to the Colorado Department of
Revenue by the Court.
*No change*
Deferral Cost $50.00 When defendant accepts a deferred judgment
or deferred prosecution disposition
*No change*
Did Not Appear Fee $25.00 When defendant does not appear on or
before a scheduled hearing date and time
*No change*
Did Not Comply Fee $25.00 rohendefendeant fails to comply with
ating to an amended charge,
spended penalty
Did Not Pay Fee $25.00 fendant does not pay or appear by
era ent due date
reference to promissory note*
Jury Fee $25.00 When adult defendant files a jury demand in a
misdemeanor case
Section 13-10-114(4), C.R.S.; Rule 223,
C.M.C.R.P.
*No change*
Outstanding Judgment and $30.00 When defendant fails to pay judgment or
Warrant Fee (OJW) juvenile defendant does not appear.
Per section 42-2-118(3)(c), C.R.S., half of this
fee is remitted to the Colorado Department of
Revenue by the Court.
*No change*
Parking Boot Fee $50.00 When vehicle is immobilized for non-payment
of parking tickets
*No change*
Personal Service Cost Actual cost of service When defendant has to be located and
(with a minimum personally served with a summons and
established and revised complaint and later enters a plea of guilty or
as necessary by Police no contest to charge(s) or is found guilty at
Services) trial
*No change*
Payment Plan Fee $25.00 When payment plan is created or revised to
add an additional balance due
*Changed from "Promissory Note Fee"*
Returned Check Fee $25.00 When payment by check is returned by bank
due to insufficient funds
*Changed from "Short Check Fee"*
January 5, 2010 -3- ITEM 11
Cost or Fee Amount When Applicable
Traffic Calming Surcharge See City Code See Section 1-15(g) of the City Code
'No change but not previously listed with
other costs and fees'
Warrant Fee $50.00 When warrant is prepared due to failure to
appear, pay or comply
Wo change*
Witness Fee $5.00 When subpoenaed witness appears for trial
and defendant is found guilty
Section 13-10-111(4), C.R.S.
'No change'
Although there maybe a slight increase in revenues collected by the Municipal Court due to the revised costs and fees,
the increases are being recommended not to raise revenues but, rather, to provide monetary incentive to the public
to appear, pay and/or comply on a more timely basis. Better attention to such requirements will reduce the Court staff
time needed to address failures to appear, pay and/or comply. As to the new"Collection Fee" it will help to offset the
cost of using a collection agency for both the Court and Parking Services.
Under the proposed resolution, the revised costs and fees would become effective immediately.
FINANCIAL IMPACT
There is no cost to the City related to these changes. The changes will result in a nominal increase in revenues for
the Court. The Parking Services Office estimates that it will collect approximately$22,500 in revenue from the new
"Collection Fee" in 2010.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2010-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING REVISED COSTS AND FEES
FOR FORT COLLINS MUNICIPAL COURT
WHEREAS, Section 1 of Article VII of the City Charter provides that rules of procedure,
costs and fees for the Fort Collins Municipal Court shall be enacted by the City Council upon
recommendation of the Municipal Judge; and
WHEREAS, Municipal Judge Kathleen M. Lane has recommended an increase or other
revision in certain costs and fees for cases in Municipal Court; and
WHEREAS, the City Council believes that the enactment of the revised costs and fees 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 the following costs and fees are hereby enacted and shall be imposed,
when applicable, in all cases filed in the Fort Collins Municipal Court and parking and civil
violations, unless such cost is specifically waived by the Judge or Referee:
Appeal Fee $200.00 deposit; $3.00/pg
Collection Fee $30.00
Compact Fee $30.00
Continuance Fee $10.00
Court Cost $25.00
Default Judgment Fee $30.00
Deferral Cost $50.00
Did Not Appear Fee $25.00
Did Not Comply Fee $25.00
Did Not Pay Fee $25.00
Jury Fee $25.00
Outstanding Judgment and Warrant Fee $30.00
Parking Boot Fee $50.00
Personal Service Cost Actual cost of service
Payment Plan Fee $25.00
Returned Check Fee $25.00
Traffic Calming Surcharge See City Code
Warrant Fee $50.00
Witness Fee $5.00
Section 2. That the costs and fees enacted herein shall take effect immediately.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of January A.D. 2010.
Mayor
ATTEST:
City Clerk