CHARTER ORDINANCE EXEMPTING THE CITY OF MARYSVILLE, KANSAS, FROM THE PROVISIONS OF K.S.A 12-4112, PROVIDING FOR COURT COSTS AND REPEALING CHARTER ORDINANCE NO. 21 AND ALL OTHER CHARTER ORDINANCES IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MARYSVILLE, KANSAS:

SECTION 1. The City of Marysville, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from the provisions of K.S.A. 12-4112, which applies to this City, but is not applicable uniformly to all cities of the State of Kansas.

SECTION 2. Future changes in court costs, transcript fees, bench warrant costs, assessments, allocations, assignments and expenditures shall be set by ordinance adopted by the city council at any date after this charter ordinance becomes effective.

SECTION 3. The Municipal Court shall assess court costs of One Hundred Dollars ($100.00) to defendant(s) upon conviction or upon entering a diversion agreement. Such costs may be waived by the Municipal Court upon a showing of good cause. In addition to court costs, the Municipal Court may assess a warrant fee for either a bench warrant or arrest warrant not to exceed $50; service fee for a summons issued by the Municipal Court or contempt citation issued by the Municipal Court not to exceed $50 and a witness fee not to exceed $25 and mileage reimbursement at the rate as may be established by the City of Marysville from time to time. Said sums shall be in addition to any fine that is imposed by the Municipal Court.

SECTION 4. The Municipal Court shall report such amounts collected and deposit such amounts to the City Clerk. The City Clerk shall remit the appropriate statutory assessments from the collected court costs to the State Treasurer in accordance with the provisions of K.S.A. 75-4215 and amendments thereto, for allocation to the various funds as provided by Kansas statutes.

SECTION 5. After payment of the statutory assessments to the State Treasurer, the City Clerk shall assign Seven Dollars and Fifty Cents ($7.50) of collected court costs to a special fund for payment of educational events and materials sponsored by the Marysville Police Department. Upon request by law enforcement or the municipal court, the City Council may authorize such expenditure(s) from this special fund as the City Council deems appropriate. If such expenditure(s) fall within the parameters of the existing expenditure policy, the City Administrator may authorize such expenditure(s). In addition, such funds may be used for the payment of offender assessments/evaluations or short-term treatment of mentally ill defendants. In the event of an emergency and if such expenditure(s) fall within the parameters of the existing expenditure policy, the City Administrator may authorize such expenditure(s). The remaining collected court costs shall remain and become a part of the City’s general fund.

(12-28-2022)