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Home My WebLink About51-09 RESOLUTIONRESOLUTION NO. 51-09 A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE FAYETTEVILLE DISTRICT COURT IN THE AMOUNT OF $10,000.00 TO RECOGNIZE REVENUE FROM THE COURT AUTOMATION FUND FOR THE PURCHASE OF LAPTOPS, PRINTER AND DVD PLAYER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment for the Fayetteville District Court in the amount of $10,000.00 to recognize revenue from the Court Automation Fund for the purchase of laptops, printer and DVD player. PASSED and APPROVED this 3"I day of March, 2009. APPROVED: ATTEST: By: By &Irk° SONDRA E. SMITH, City Clerk/Treasurer LIS ELD JO 1 N, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: General Government Division: Fayetteville District Court Program: District Judge Date Requested 3/3/2009 Adjustment Number Project or Item Added/Increased: $10,000 is requested in the Minor Equipment account. Project or Item Deleted/Reduced: $10,000 is being used from the Court Software Escrow - account. Justification of this Increase: To purchase lap top computers, a printer, and DVD player for use during court proceedings. Justification of this Decrease: Act 1809 of 2001, collection of 1/2 Automation fee to be deposited in a fund to be used solely for district court related technology. Increase Budget Account Name Account Number Amount Project Number Minor Equipment Account Name Miscellaneous Revenue 1010 0400 5210 00 10,000 09011 0901 Decrease Budget Account Number Amount Project Number 1010 0001 4999 00 10,000 09011 0901 Approval Sigmatures Requested By Budget Director Department Director Se,inanirector "7"--7 Date Date \-PcL PaaJA, *la Mayor ate Budget & Research Use Only Type: A General Ledger Date Approval Date Posted to General Ledger Posted to Project Accounting Initial Date Initial Date Initial Date Dena Stockalper Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/3/2009 City Council Meeting Date Agenda Items Only Administrative Services Division Action Required: District Court Department Pe5 3 /3 5/-09 Disinct Cettxt kciictsfnioni- A resolution approving a budget adjustment for the Fayetteville District Court in the amount of $10,000.00 to recognize revenue from Court Automation Fund for the purchase of lap -tops, printer and DVD player. 10,000.00 Cost of this request 1010-0400-5210-00 Account Number 09-011 Project Number Budgeted Ite 10,000.00 Category / Project Budget none Funds Used to Date 43,625.16 Remaining Balance Budget Adjustment Attached Dep a -Ai- Date City Attorney X Court Automation Program Category / Project Name Court Automation Program / Project Category Name General Fund Fund Name revious Ordinance or Resolution # Original Contract Date: OoThl Original Contract Number: Date LL. Fina e and Internal Services Director C taff Date Date ayor Date • Received in City Clerk's Office ittERE0 Isr7 Comments: Attached Act 1809 of 2001 Revised January 15,2009 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE FAYETTEVILLE DISTRICT COURT IN THE AMOUNT OF $10,000.00 TO RECOGNIZE REVENUE FROM THE COURT AUTOMATION FUND FOR THE PURCHASE OF LAPTOPS, PRINTER AND DVD PLAYER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment for the Fayetteville District Court in the amount of $10,000.00 to recognize revenue from the Court Automation Fund for the purchase of laptops, printer and DVD player. PASSED and APPROVED this ri day of March, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Result #1: Arkansas Acts - Act 1809 of 2001 http://www.loislaw.com/pns/docview.htp?query=%28%28%3CWO... se4 (2)(A) Prepare and file the appeal as one (1) case; and (B) Charge only one (1) filing fee for the appeal. SECTION 11. Arkansas Code 16-10-602 is amended to read as follows: 16-10-602. Establishment of city and county shares. (a)(1) Pursuant to §§ 16-10-307(c) and 16-10-308(c), each city and county may retain a portion of the uniform court costs and filing fees collected and deposited into the city or county. administration of justice fund. (b) (2) On or before the first day of October of each year, the Department of Finance and Administration shall certify in writing to each county and to each city which operates a municipal, city, or police court the amount of money which may be retained during each month of the following calendar year by the city or county. (b) In case of a disagreement between thc state and a city or county as to thc appropriate aMount of the city or county share, thc Director of thc Department of Finance and Administration is authorized t establish an administrative review proccss and, whcn necessary, adjust thc city or county share upon a finding of gross inadequacy. SECTION 12. Arkansas Code 16-13-701 is amended to read as follows: 16-13-701. Scope. (a) The procedures established by this subchapter shall apply to the assessment of all monetary fines, however designated, imposed by circuit courts, and state division municipal courts, district courts, city courts or police courts for criminal convictions, traffic convictions and ,civil violations, and juvenile delinquency adjudications by chancery c ur.tfor civil violations exclusive of child support, and by juvenile courts for delinquency adjudi -ations, and shall be utilized to obtain prompt and full payment of all such fines. (b) For purposes of this subchapter, the term "fine" or "fines" means all monetary penalties imposed by the courts of this state, which include fines, court costs, restitution, probation fees, and public service work supervisory fees. SECTION 13. Arkansas Code 16-13-704 is amended to read as follows: 16-13-704. Installment payments. (a)(1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter. 7 of10 11/12/2008 11:14 AM ikaosas Acts - Act 1809 of2001 htip://www.Ioislaw.conVpns/docview.htp?query=%28%28%3CWO... (2)(A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment the defendant must appear in court to explain the failure to pay. (6) In fixing, the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents. (b)(1) In addition to the fine and any other assessments authorized by this subchapter an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay pays a fine on an installment basis. (2)One-half (1/2) of the installment fee collected in circuit court shall be remitted monthly to the Department of Finance and Administration for deposit in the Judicial Fine Collection Enhancement Fund, as established by § jEzitza, and the other half of the installment fee shall be remitted monthly to the county treasurer to be deposited in a fund entitled the Court Automation Fund to be used solely for court related technology. (3)(A) One-half (i1) of the installment fee collected in municipal court, district court, city court or police court shall be remitted monthly to the Department of Finance and Administration for deposit in the Judicial Fine Collection Enhancement Fund as established by § 16-13-712. (B) The other half of the installment fee shall be remitted monthly to the city treasurer to be deposited in a fund entitled the Court Automation Fund to be used solely for court related technology. (C) In any municipal court or district court which is funded solely by the county, the other half of this fee shall be remitted monthly to the county treasurer to be deposited in the Municipal Court or District Court Automation Fund to be used solely for municipal court or district court related technology. (c) Any defendant who has been authorized by the court to pay a fine by installments shall be considered to have irrevocably appointed the clerk of the court as his agent upon whom all papers affecting his liability may be served, and the clerk shall forthwith notify the defendant thereof by ordinary mail at his last known address. (d) "Ability to pay" means that the resources of the defendant, including all available income and resources, are sufficient to pay the fine and provide the defendant and his dependents with a reasonable subsistence compatible with health and decency. SECTION 14. Arkansas Code 16-13-707 is amended to read as follows: of 10 11/12/2008 11:14 AM Clarice Pearman - Res. 51-09 From: To: Date: Subject: CC: Clarice Pearman Stockalper, Dena 3.6,09 10:24 AM Res. 51-09 Audit; Fell, Barbara Page 1 of 1 Dena: Attached is a copy of the above resolution passed by City Council regarding your budget adjustment for laptops, printer & dvd player. I will forward to Budget & Research your budget adjustment. Please let me know if there is anything else needed for this item. Have a good day. Clarice file://CADocuments%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49B0F9C5FA... 3.6.09