HomeMy WebLinkAboutORD1366ORDINANCE NO. 1366
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING AND CORRECTING A
SCRIVENER'S ERROR IN ORDINANCE NO. 1332 AS PASSED AND
ADOPTED ON THE 20TH DAY OF JANUARY 2009 PERTAINING TO
APACHE JUNCTION CITY CODE,CHAPTER 4,FEES,ARTICLE 4-8,
MUNICIPAL COURT FEE SCHEDULE,SUBSECTION 4-8(E),
MUNICIPAL COURT ENHANCEMENT FUND;REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS,on January 20,2009,the Mayor and City Council
passed and adopted Ordinance No.1332,pertaining to Apache
Junction City Code,Volume I,Chapter 4,Fees,Article 4-8,
Municipal Court Fee Schedule,subsection 4-8(E),Municipal Court
Enhancement Fund,and subsection 4-8(H),Court Deferred
Prosecution/Diversion Fee,and adding new subsection 4-8(J),
Prosecution Assessment Recovery Fee ("pARF"); and
WHEREAS,said ordinance is now in full force and effect;
and
WHEREAS, at the time-Ordinance No.. 1332 was written, it was
staff's intent to place the court enhancement fee on each charge
rather than on each case, and based on such original intent, has
implemented such praCtice;—and
WHEREAS,to impose the court enhancement fee on a per -case
basis administratively would be extremely difficult in
situations where there are multiple charges; and
WHEREAS,a scrivener's error exists in subsections 4-8(E),
whereby Ordinance No.1332 states that the court enhancement
fees are calculated and assessed on a per -case basis; and
WHEREAS,it is the intent of the Mayor and City Council to
correct the error.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code,Volume I,Chapter 4,Fees,
Article 4-8,Municipal Court Fee Schedule,subsections 4-8(E),
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PAGE 1 OF 3
Municipal Court Enhancement Fund,shall be corrected and amended
as follows:
A)Section 4-8(E) shall be amended to read as follows:
E.MUNICIPAL COURT ENHANCEMENT FUND
1. There is hereby created a municipal court enhancement
fund,which shall be used eXclusiVely to improve the
technological,operational,and security capabilities of
the municipal court.
2. The municipal court enhancement fund shall be assessed in
the base amount of $20.00, which shall be applied by the
municipal court on each civil and criminal charge where a
fine,sanction,penalty or assessment is imposed by the
court.Any surcharge,fee,assessment,or other sum
required to be imposed by state law or Arizona Supreme
Court Rule as an addition to the base amount of $20.00
shall also be applied by the cotirt.
3. The court enhancement fund shall be designated as a fund
account. The City.Finance Director or his or her designee,
shall invest the monies in the fund in the same manner as
general City funds.Interest earned on fund monies shall
be deposited in the fund.
4. The municipal court shall administer the fund and may make
expenditures from the fund for the purposes approved in
this section.
SECTION II DECLARATION OF INTENT
The purpose of this Ordinance is to amend and correct Section I of
Ordinance No. 1332 of the Mayor and the City Council of the City
of Apache Junction,Arizona by clarifying and correcting
typographic and clerical errors.By this amendment and
clarification, it is not the intent to repeal any other section of
Ordinance No.1332 to the extent they do not conflict with the
provisions of this resolution nor affect either its validity or
its effective adoption as of January 20, 2009.
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PAGE 2 OF 3
SECTION III REPEALING ANY CONFLICTING PROVISIONS
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance or in conflict with .any part of the
code adopted herein by reference are also-hereby repealed.
, .
SECTION IV PROVIDING FOR SEVERABILITY
If any section,subsection,sentence, phrase;_:olause or portion
of this ordinance or any part of the code adopted herein by
reference is,for any reason,held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS :3120 DAY OF AUGUST , 2010.
SIGNED AND ATTESTED TO THIS 3RD DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
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PAGE 3 OF 3
Mayor
S. INSALACO
, 2010.