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CONSIDERATION OF ORDINANCE NO. O-1314-46 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING ARTICLE V OF CHAPTER 14 OF THE CODE OF THE CITY OF NORMAN BY ADDING A PROVISION AUTHORIZING THE CLERK OF THE MUNICIPAL COURT TO CHANGE AND COLLECT A TECHNOLOGY FEE; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: On March 19, 2014, City staff from the municipal court and the legal department presented a draft ordinance assessing a technology fee on municipal court convictions to the Finance Committee. After discussing the draft ordinance, the Finance Committee requested that the draft be forwarded for consideration by the full City Council. At its Council Conference Meeting on April 9, 2014, Council advised it was ready to move forward with the draft, and thus Ordinance O-1314-46 is being presented to Council for first reading at its regularly scheduled meeting on April 22, 2014. The Ordinance is scheduled for second reading at the regularly scheduled meeting on May 13, 2014.
DISCUSSION: Prior to 2009, the statute that governs the fees and costs that may be imposed by a municipal court not of record, 11 O.S. ? 27-126, stated:
Except as provided in Section 14-111 of this title and subject to other limitations or exceptions imposed by law, the municipal governing body shall determine by ordinance the costs that may be charged and collected by the clerk of the court, but these costs shall not exceed the sum of Twenty-five Dollars ($25.00) plus the fees and mileage of jurors and witnesses. (Emphasis added).
This language permitted the governing body of a municipality to authorize the clerk of a municipal court not of record to charge and collect "costs" and limited the amount the governing body could authorize the clerk of the municipal court not of record to charge and collect to $25.
In 2009, ? 27-126 was amended. The statute now states:
Except as provided in Section 14-111 of th...
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