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Home My WebLink AboutOrdinance 4155 FILED FOR RECORD ORDINANCE NO. 4155 099 MflY 13 Aft 11 10 AN ORDINANCE AUTHORIZING THE COLLEC6Q N CO AR THE STATUTORY FEE ALLOWED POLICE CHI F A RESS THEIR DEPUTIES TO COLLECT WHEN SERVING CITY WARRANTS. WHEREAS, A.C.A. § 14-52-202 allows chiefs of police of first class cities, or their deputies to collect the same fee allowed to sheriffs when the chief or his deputies serve city warrants; WHEREAS, such fee currently authorized under A.C.A. §21 -6-307 for serving of warrants is $25.00. WHEREAS, the City Council for the City of Fayetteville, Arkansas finds it is necessary for the Police Chief to collect such fee when he or any law enforcement officers of the Fayetteville Police Department serve a city warrant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section1. That the Chief of Police and any other Fayetteville law enforcement officers under the direction of the Chief of Police of Fayetteville, Arkansas are authorized to collect the fee allowed to sheriffs under A.C.A. §21 -6-307 when such Fayetteville officers serve a city warrant, and pursuant to A.C.A. § 14-52-202, all fees collected by the Police Chief and his deputies for serving warrants shall be paid over to the City treasury. Section 2. Such fee currently authorized is $25.00, and in the event the fee is amended, the amended amount allowed under A.C.A. §21 -6-307 shall be collected by the Police Chief or his deputies when serving a city warrant, without the necessity of amending this ordinance. Section 3. Warrant service fees shall be assessed and collected by the court upon conviction. l3 digED AND APPROVED this 6th day of April 1999. �! t4:�,: j11APPROVED: Fred Hanna, Mayor ATTEST: - By: rae el Heather Woodruff City C erk 99043'75 �p}� �pF,g• ��.N11 Effa�k SHA ozholMY �eFof°gPr. 4sl:l: tipA tY. Ar •a?¢Frrecosr . rd in my certly that this nst Gmegt Wa�pun6 filed for office as indicated horoon and the nt amo is duly recorded with tho ackam'Nizdnnfi. and certificate thereon In Rocotd Book an? 1, a;e oe indiceted thereon. IN WITNESS W! !EP"r.Ct: 1 have hereunto set my hand and aNixod the dGdi at Laid CGUd on the date indi- c-tad hereon. hI!WIPI$Mer9 C.:Quit C_n v' Ex•offl ' R at FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Richard Watson, Police Chief From: Heather Woodruff Date: April 9, 1999 Attached is a copy of the ordinance authorizing the collection of statutory fees when serving city warrants. A copy has been sent the Northwest Arkansas Times for publication. The original will be microfilmed and filed in the city clerk' s office. CC. Casey Jones, City Prosecutor Jerry Rose, City Attorney STATE OF ARKANSAS County of Washington } BE. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an ORDINANCE NO. 415.5 established place of business to subscribers and readers generally of all AN ORDINANCE AUTHOR- APPROVED: classes In the CI and County for a definite rice for each co IZING THE COLLECTION OF City ty P copy, or a fixed THE STATUTORY FEE AL- By. price per annum, which price was fixed at what is considered the value of the LOWED POLICE CHIEFS OR Fred Hanna, Mayor publication, based upon the news value and service value it contains, that at THEIR DEPUTIES TO COL- LECT WHEN SERVING CITY ATTEST: least fifty percent of the subscribers thereto have paid for their subscriptions WARRANTS. to the newspaper or its agents or through recognized news dealers over a WHEREAS, A.C.A. § 14-52- Hey* atherWoodruff, City Clerk period of at least six months and that the said newspaper publishes an 202 allows chiefs of police of first class cities, or their depu. average of more than forty percent news matter. ties to collect the same fee al- lowed to sheriffs when the chief or his deputies serve city war- . I furtherrfiifyy that the /legal lnotice attached in the matter of rants; G!f�iL -/ WHEREAS, such fee currently authoriz307for s under A.C.A.warrants is / 307 for serving of warrants is 525.00. was published in the regular daily issue of said newspaper for WHEREAS, the City Council consecutive insertions as follow : for the City of Fayetteville, Ar- kansas finds it is necessary for J the Police Chief to collect such The first insertion on the / day of 19 fee when he or any law en- forcement officers of the Fayet- teville Police Department serve the second insertion on the da of 19 — a city warrant; y NOW, THEREFORE, BE IT ORDAINED BY THE CITY the third insertion on the day of 19 COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: the fourth insertion on the ay of 19 — Section 1 . That the Chief of Police and any other Fayette- ville law enforcement officers under the direction of the Chief of Police of Fayetteville. Arkan- shedGeneral Manager sas are authorized to collect the fee allowed to sheriffs under A.C.A. §21 -6-307 when such Swom to and subscribed before me on this day of Fayetteville officers serve a city warrant, and pursuant to A.C.A. §14-52-202, all fees collected 19 by the Police Chief and his deputies for serving warrants shall be paid over to the City < treasury. Uatherine Narrr Section 2. Such fee currently < Notary Public, State of Adan ry Public l authorized is $25.00, and in the < Washington County , event the fee is amended the My Commission Expires: , , , „ ' amended amount allowed un- / � � '' der A.C.A. §21 -6-307 shall be ((((((CC([tt(G<(Cc[L(ccc(Cc(((i((Cr collected by the Police Chief or his deputies when serving a city warrant, without the necessity Fees for Printing $ ' ofamending this ordinance. ....................................................... Section 3. Warrant service tees shall be assessed and col- COSI Of Proof.............................................................$ lected by the court upon conic- tion. Total......q...................................................................$ a(J PASSED AND APPROVED this 6th day of April, KrGIla STATE OF ARKANSAS APR 19 1999 County of Washington } ss. "1MANE ®E, I , JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for ORDINANCE NO. 4155 APPROVED: more than a period of twelve months, circulated and distributed from an ' AN OFDINANCE AUTHOR- established place of business to subscribers and readers generally of all IZING ) E COLLECTION OF 7UTORY FEE AL- By. Classes In the City and County for a definite price for each copy, or a fixed LOWED POLICE CHIEFS OR Fred Hanna. Mayor THEIRFJOEPUTIES TO COL- price per annum, which price was fixed at what is considered the value of the LECT WHEN SERVING CITY ATTEST. publication, based upon the news value and service value it contains, that at WARRANTS. By. least fifty percent of the subscribers thereto have paid for their subscriptions WHEREAS, A.C.A. §14-52- Heather Woodruff, city newspaper or recognized Clark to the news a or its agents through news dealers over a 202 allows chiefs of police of P P 9 9 first class cities, or their depu. _ period of at least six months and that the said newspaper publishes an ties to collect the same fee al- ' lowed to sheriffs when the chief average of more than forty percent news matter. or his deputies serve city war- rams; I further rtify that the legal notice attached in the matter of WHEREAS, such fee currently n autyorized under A.C.A. §21-6- I / ,n/� n /l /1 307 for,serving of warrants is _ _ i' I0 Q_ �i 'Y l 525.00. • il for the City Fayetteville, il WHEREAS, the City Council was published in the regular daily issue of said newspaper for kansas finds it is necessary for consecutive insertions as to WS: the, Police Chief to collect such fee when he or any law an- forcement officers of the Fayet- The first insertion on the l day of 19 —� invite Police Department serve a dry warrant; NOW, THEREFORE, BE IT the second insertion on the day of 19 — ORDAINED BY THE CITY COUNCIL FAYETTEVILL THE CITY ARKANSAS:E. the third insertion on the day of 19 Section 1 . That the Chief of Police and any other Fayette- the fourth Insertion On the ay Of 19 — ville law enforcement officers under the direction of the Chief of Police of Fayetteville. Arkan- sas are authorized to collect the fee allowed to sheriffs under fisher/General Manager A.C.A. §21 .6.307 when such / Fayetteville officers serve a city warrant, and pursuant to A.C.A. Sworn to and subscribed b fore me on this CO day of §14-52-202, all fees collected by the Police Chief and his deputies for serving warrants 11 1A1 shall be paid over to the City ti 91 1 treasury. Section 2. Such fee currently C81f1017(IC Sa)) rC authorized is 525.00, and in the Notary Public event the fee is amended, the Notary R1t)lic, $tato of Arkansas 1 amendeda§2 - 07haun- de .C. 1 .63sll beMy Commission Ex pir Wa hingtonCount collected by the Police Chief or mtsslon X I so 27105 his deputies when herring a city <ctc<cCCccuccctAttcctccauc(YCtc1 warrant, without the necessity �r of amending this ordinance. / Y� Section 3. Warrant service Fees for Printing.......................................................$ DDD lees shall be assessed and col- I by the court upon convic- tion. (dost of Proof.............................................................$ tion. PASSED AND APPROVED g/ r this 6th day of April. Total..........................................................................$ 99-�ato o Izz y/ SS F X AGENDA REQUEST STAFF REVIEW FORM ]� CONTRACT REVIEW U GRANT REVIEW For the Fayetteville City ' Council meeting of April 61 1999 FROM : j Richard L . Watson Police Police / Name Division Department 1 ACTION REQUIRED : Adoption of an ordinance establishing a $ 25 . 00 warrant service fee and adoption of a resolution to . increase the I1999 . ,operating - budge t and add � one poli e sergeant , one police officer and one dispatcher . COST TO CITY : $ 65 882 . 00 $ 3 005 675 . 00 Patrol and Communications Cost of this Request Category/ Project Budget Category/ Project Name Multiple - see attached $ 456 990 00 P^ trnl and Co munioatinns Account Number Funds Used To Date Program Name $2 , 548 , 685 . 00 General Project Number Remaining Balance Fund BUDGET REVIEW : Budgete Itemm X Budget Adjustment Attached ry"�\1 �"4 --- Budg t Coordinator Administrative Services Director CONTRACT / GRANT / LEASE REVIEW : GRANTING AGENCY : WAccoun, inM f,7n Af Date ApA CoordinatorDate _ y J t Date I ernal Auditor 1Date �U i� 3-19 q9 Purchasing Officer Date STAFF RECOMMENDATION : Adopt an ordinance establishing a $ 25 . 00 warrant service fee and adoption of a resolution to increase the 1999 operating budget and add one Police Sergeant , one Police Officer and one Dispatcher . /Division Head Date Cross Reference I ./ ➢ n �'�� New Item : Yes No De artment Director m.,Date Prev Ord/Res # : Admin ' strative services Director ? Date Orig contract Date : Mayor Date. FAYETTEVILLE THE CITY OF FAYETFEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM To: Mayor Fred Hanna From: Richard L. Watson, Chief of Police ee uo::L� Subject: Warrant Fee Ordinance Date: March 11 , 1999 Please consider this request for an ordinance authorizing the assessment and collection of a $25.00 warrant fee at the next agenda session. According to ACA § 14-52-202 state law allows the collection of a warrant fee and ACA § 21 -6-307 gives the amount ($25.00) to be collected. The warrant fee would be collected as part of the fines collection process. The procedure has been discussed with the City Prosecuting Attorney and staff, Municipal Judge and staff, Data Processing staff and police department staff. By using figures from prior years we have projected this fee would generate $124,906.00. This is based on the number of applicable warrants served from January 1 , 1998 to December 31 , 1998 which was 6,093 and the collection rate of 82% on fines for those warrants served. There are currently 7,409 active warrants in file. In 1998 Fayetteville Municipal Court issued an average of 765 warrants a month and the Fayetteville Police Department serves an average of 670 per month. These figures make it look as if we're holding our own; however, the warrants being served are from 1996, 1997 and 1998. Each year the number of inactive warrants grows. In fact, we have so many inactive warrants in file that once a year we pull warrants that are three years old and purge them. I hope you agree justice is not served, nor is Fayetteville receiving revenue it would receive if the warrants were served. If the warrant fee ordinance is approved we propose to use the revenue to hire an additional warrant officer. This officer would assist in the service of warrants; thereby increasing the number of warrants served which would also increase revenue generated by the fee. We also propose to hire a Dispatcher to increase staffing in Central Dispatch and a Sergeant to supervise juvenile operations. We were unable to receive these personnel requests during the 1999 budget process due to other budgetary constraints. During the budget process we were aware of the possibility of the warrant fee being implemented, so these personnel requests were dropped at the staff level, so as not to burden the Council during an already busy budget time. The total cost of the three new personnel is $112,214.00. Based on the collection rate estimate, the warrant fee [Mayor Hanna] Page 2 March 11 , 1999 will more than pay for the three new positions. Fayetteville will benefit from the warrant fee by causing lawbreakers to pay for the warrant service as opposed to law abiding citizens. If I can be of further assistance please let me know. 501 575 8315 MPR-05- 1999 04 : 11 FROM FRY . CITY ATTY . OFFICE TO POLICE P . 02 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE COLLECTION OF THE STATUTORY FEE ALLOWED POLICE CHIEFS OR THEIR DEPUTIES TO COLLECT WHEN SERVING CITY WARRANTS. WHEREAS, A.C.A. § 14-52-202 allows chiefs of police of t cl cities, or their deputies to collect the same fee allowed to sheriffs when Ike chie uties serve city warrants; WHEREAS, such fee currently authorized and C.A. §2 07 fw is is $25.00. WHEREAS, the City Council for the City of Fa kansas finds it is necessary for the Police Chief to collect such fee when he or any la officers of the Fayetteville Police Department serve a city warrant; e NOW, THEREFORE, BE IT ORDj T, CI CEL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the Chief of cc y 0 ville law enforcement officers under the direction of the Chief of P of Fay ville, sas are authorized to collect the fee allowed to sheriffs under A.C.A. 07 such F etteville officers serve a city warrant, and pursuant to A.C.A. § 14-52 all f llect the Police Chief and his deputies for serving w is shall be p to the S tly au zed is $25 .00, and in the event the fee is amended, the amen low A. §21 -6-307 shall be collected by the Police Chief or his deputies wh city w out the necessity of amending this ordinance. P OVE this . day of , 1998. APPROVED: By: Fred Hanna, Mayor A By: Heather Woodruff', City Clerk TOTAL P . 02 City of Fayetteville, Arkansas Police Department (Position Hiring on June 1 , 1999) Sergeant/ Warrant Officer Description Account # Cost Amount Salary/ Wages - Uniform 1010 2940 5101 -00 $ 30,990 Overtime - Uniform 1010 2940 5104-00 301 FICA 1010 2940 5105-00 454 Life Insurance 1010 2940 5107-00 254 Health Insurance 1010 2940 5108-00 32107 LTD Insurance 1010 2940 5108-01 122 AD&D Insurance 1010 2940 5108-02 45 LOPFI 1010 2940 5109-03 21923 Software 1010 2940 5209-00 800 Uniforms 1010 2940 5302-00 3,000 Travel & Training 1010 2940 5304-00 960 Motor Pool Charges 1010 2940 5331 -00 1 ,033 Replacement Charges 1010 2940 5331 -01 1 ,923 Vehicle & Machine Maintenance 1010 2940 5403-00 375 Minor Equipment 1010 2940 5890-00 450 Fixed Assets 1010 2940 5801 -00 47700 Total Cost - Sergeant and Warrant Officer $ 51 ,437 Description Account # Dispatcher Salary/ Wages 1010 2600 5100-00 $ 11 ,337 Overtime 1010 2600 5103-00 327 FICA 1010 2600 5105-00 892 Life Insurance 1010 2600 5107-00 67 Health Insurance 1010 2600 5108-00 1 ,554 LTD Insurance 1010 2600 5108-01 45 AD&D Insurance 1010 2600 5108-02 23 Minor Equipment 1010 2600 5890-00 200 Total Cost - Dispatcher $ 14,445 Grand Total - New Employee Cost $ 65,882 Projected Description Account # Revenue 911 Reimbursement (25% of Dispatcher Salary & Benefits) 1010 0001 4401 -01 $ 37561 Warrant Fee (Collections assumed to begin in Sept 1999) 1010 0001 4501 -04 41 ,635 Grand Total - New Revenue $ 45, 196 Use of Fund Balance 1010 0001 4999-99 $ (20,686) C:WPP\99BUDGET\BUDGTADJ\WARRANT.WK3 03/18/99 02:48 PM City or Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Police Date Requested Adjustment k 1999 Division: Patrol / Central Dispatch April 6 , 1999 Program: Patrol / Central Dispatch Project or Item Requested: Project or Item Deleted: $ 65 , 882 to various accounts in the Patrol To recognize $ 3 , 561 in additional and Central Dispatch Programs within the 911 Reimbursement Revenue , to Police Department . recognize $41 , 635 in Warrant Fee Revenue , and $20 , 686 in General I Fund Use of Fund Balance . Justification of this Increase: Justification of this Decrease: The additional funding is needed to hire a The 911 reimbursement revenue will Sergeant , a Warrant Officer , and a be received from the County as a Dispatcher . The funding requested will result of the hiring of the allow the three positions to work starting dispatcher . The warrant fee revenue I June 1 , 1999 . will be received from the new i collection of a $25 . 00 warrant fee . i Sufficient funding remains in General Fund to meet City Policy . i Increase Expense (Decrease Revenue) I Account Name Amount Account Number Project Number See Attached Decrease Expense (Increase Revenue) i Account Name Amount Account Number Project Number See Attached i i Approval Signatures Budget Office Use Only I Requested By Date Type: A B C O E Budget Coordinator Date Date of Approval I Depa me 're • or Date PoZ�\General Ledger Admin. Services hector Date I Ppstroject Accounting � t Mayor Date .•En'16red in Category Log Bile Capp: Badger & Research / Yello H• Copy: Requester DADArAVORAISRA ADF8,IDJFJ14p'K4