Minutes 05/10/1994 - Laserfiche WebLink

Home Browse Search

TUESDAY, MAY 10, 1994 Upon motion, duly seconded, and by unanimous vote, Council adopted, on an emergency basis, Ordinance No. 94-2 rescinding Ordinance No. 94-1 which amended Chapter 1--General Provisions, Section 1-15-- Special Assessment for Support of Law Library as Part of Costs in Civil Actions of the City Code. City Attorney David B. Worthy stated that the State Code allows localities to assess up to $4.00 for a Law Library fee (Section 42,1-70, Code of Virginia) and up to $4.00 for a Courthouse Maintenance fee (Section 14.1-133.2, Code of Virginia), but limits a cap of a total of $4.00 for both assessments. Because the City already had a $2.00 assessment for the Law Library and a $2.00 assessment for Courthouse Maintenance, the State Code prohibits the adoption of Ordi- nance No. 94-1 which increased the Law Library fee to 83.00. Council- man Oakes asked if this would require an amendment to the Budget, to which Finance Director Richard Fitts responded that it should not have any impact upon the Budget. Following is Ordinance No. 94-2: WHEREAS, Martinsville City Council adopted Ordinance No. 94-1 on April 26, 1994, to be effective May 6, 1994, increasing the assessment from two dollars (82.00) to three dollars ($3.00) as partof the costs inci- dent to each civil action filed in both the courts of record and the courts not of record in the city, pursuant to Section 42.1-70 of the Code of Virginia. Such assessment to be collected by the clerk of the court in which the action is filed and such collections to be remitted, at the end of each month, to the city treasurer, to be deposited and held by such treasurer subject to disbursements authorized by the city council or its agent for the acquisition of law books and law periodi- cals for the establishment, use and maintenance of a law library, which library shall be open for the use of the public, and for such other purposes as are allowed by Section 42.1-70 of the Code of Virginia; and WHEREAS, Martinsville City Council adopted Ordinance No. 92-12 on July 28, 1992, to be effective August 1, 1992, as authorized by Section 14.1-133.2 of the Code of Virginia, assessing the sum of two dollars ($2.00) as part of the costs in each civil action filed in the General District Court of the City of Martinsville, Virginia, and in the Cir- cuit Court of the City of Martinsville, Virginia, and in each criminal or traffic case in said General District Court or in said Circuit Court in which the defendant is charged with a violation of any statute or ordinance, which assessment shall be collected by the Clerk of the Court in which the action is filed, and remitted to the City Treasurer and held by such Treasurer subject to disbursement by the Council for the construction, renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heat-