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HomeMy WebLinkAboutOrdinance 2431 ORDINANCE NO . R "` E* L,18D 78 OR 3 / p/f , . AN ORDINANCE AMENDING CHAPTER 14 OF TiiSYM VIL�E4S CODE OF ORDINANCES TO PRESCRIBE AN ADDITIO T TO BE COLLECTED BY THE MUNICIPAL COURT IN P . < F CONTROLLED SUBSTANCE CASES ; AND TO PROVIDE T i1 {9LITIONAL COSTS SHALL BE USED TO DEFRAY THE COST OF NECESSARY CHEMICAL TESTS . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Chapter 14 - 6 of the Fayetteville Code of Ordinances is hereby amended by adding subsection ( e ) to read as follows : ( e ) In addition to any other fine or penalty provided by law for persons convicted of possessing a con- trolled substance ( as defined by subsection ( d) of Section 1 of Article 1 of Act 590 of 1971 , as amended) each defendant , upon each judgment of conviction , plea or guilty or plea of nolo contendre of a first offense of possessing a controlled substance , shall pay to the Municipal Court , and there shall be levied by the Municipal Court , a penalty of $ 15 . 00 to be levied as a cost for each such conviction . The costs so collected shall be kept in a separate account by the clerk and accounted for and paid over to the city controller at the same time as other court costs . Costscollected under this section shall be paid into a fund to be used to pay the cost of scientific and chemical tests made to identify substances possessed by persons arrested on the charge of possessing a controlled substance . The surplus , if any , after accomplishing such purpose , may be used in , defraying any other le - gitimate administrative expense of the Municipal Court . The costs imposed by this section shall not be col - lected in a case where no scientific or chemical test is made . Section 2 . The Board of Directors hereby determines that the proper administration of justice requires a scientific means of identifying substances possessed by persons arrested on the charge of possessing a controlled substance ; that general fund revenues are not presently sufficient to adequately finance such tests ; that the proper administration of justice is neces - sary for the public health , safety and welfare ; and that the immediate passage of this ordinance is necessary to assist in the adequate financing of the proper administration of justice . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for the immediate preservation of the public health , safety and welfare shall be in full force and effect from and after its passage . PASSED AND APPROVED this 11 day of � 1978 . APPROVED : 7 0144 . . ........ FAY "' 1 I'�`• 4.l � � Flip'%'� .<�� � a /- y MAYOR V i ' ty �t to ofiser '1ty Cf F ay .itCcs o `-r 1 g � f�•� 1 ., , , e �. f •ock, City Clerk and Ex- p ,:• � • , Officio recorder for the City of Fayetteville, (10 i, ereCy �`*c,0 th.a the annexed or fore- s, tr �11l�J going is of record in my office and the same •` ` 2 CITY CLERK appears in ,Ll GdQ J&pQ� book MICROFILMED V� - at pagewitness my RgTFE E OST, ; 7 1976 hand and al this day of � / ul i IFICATE OF RECORD a AR::VJSAs 1 ss. Vr ,',on County ] I , Alma L. Kollmcyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certiry [h:it he annexed or fore- going instrument was filed for rre ogLin ny office on the Zday of eta �G��+ 197?,VWA ,o;: �M�an�d the same is duly recorded in D ..oi record�at page-?a abjgss my hand and seal this ay of 4 191ff W Circuit Clerk and Ex• ffic Recorded Deputy Clerk w t t STATE of ARKANSAS as. County''' ,1off,f,�Washington fa�s�h ii ngton 1, t/"� "A `''yr `- M ' hereby certify that I __ am the Publisher of THE NOkTHWEST ARKANSAS TIMES, a daily tNANcaNU.not - newspaper having a second class mailing privilege, and being not less than. AN Np�J/ YCNDI'NG c1LCOR FA E [our pages of five columna each, published at a fixed place of business and at OIll a fixed (daily ) intervals continuously In the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated Ely and distributed from an established place of business to subscribers and V ?G PRA readers generally of all classes in the City A• County for a definite price for each copy. or a fixed y h fid SAL price per annum, which price were tiered at what Is BEwre � 9DARD OF considered the value of the publication, based upon the news value and uuecTY OF FAyET, service value it contains, that at least fifty percent of the subscribers TEXIL .E. ARKANSAS; - thereto have paid cash for their subscriptions to the newspaper or Its agents Wtimt TIut QIaplrelMaf Oi Fayet. lev�d�lep�Cyod.e of adbtltlRla Y last or through recognized news dealers over a period of at least six months ; ;� 1119e1S�p 1e1 to read and that the said newspaper publishes an average of more than forty percent i' In acclaim to any father nne or news matter. Wl� jNorieed by law for persowocin e�`,Ie� " tdrolonf Seculast ttcel I further certify that the legal notice hereto attached in the matter of Adele 1 of Act aM at 101, as anteacladl each daten�yt, rym each ludpnattt of convict ifaf t falai we MtT or Plan d nolo M r,� controled of a (jp pye of pay tont a _--�{�_.l. illi_{_r�'lr)-1------`J1`!•+L�S:�+1tiS� --. controlled vbl shall vlunwi I Pay to the pa fs.rt: Cancel. ,mu a In+ed 1 tobe lnieipel fwrt, apenanyd m was published In the regular daily Issue of said newspaper for-__. ___ ---- them ith levied as a cat for each suah amvic - - i mn. The town; so collected %hall be Ifapt in aaasecuLixe Insertions as follows : a separate account by the clerk and ac counted for and paid over to the city cm. c7• troffer at the same sue as other court The first insertion on the day of _. ._. 19......1..-. costs. Costs collected under but cation slu!i be Paul into a fund to be used to pay roc co%t of scies tic std cherNcal teats the second insertion on the _. _ day of _. _ . _ _-_._._ _ 19_.......... made to identify tatbstanea poassaed by persons at a contraled a. The surit1us, if the third Insertion on the _ __ __ day of ___________..... 19------------ jry' aafftteer atefafaypshind such parpue. 1 rp timaTear, im>tnt' e dWOOr and the fourth insertion on the _. __. day of ...................__ - - 19_-_.—... ond , Pat 4 II imputed by this _.�itysu al.araa (t.,,.t asefat "set a,`� 'psfDlrtrorsHerebyprOpC N15trat10nl meam ofpeSworn to and subscribed before me on this - _ _e) M ._.... day of ...._--_t loa .-....._......._ ---....Tb eltiet, std this o� NO Pab11C euery tur the immed,atee public hraltb safetyMy Commission Ezpiree : be m lull lase antl Nfact frown and after N PASSED ANII .AP b 'Ellthis tt ota. day of � ' -� l n Nch. I �1_r.G4 . APPROVED -- —__ P ErnestF Lancaster Mayor tWesmrook Fees for Printing _------ $--11-13 V k to ---- - Cost of Proof ---__ Total ........._---- i.._ _..1.�