Ordinance_12-20-12

AN ORDINANCE SETTING PRIORITY OF APPLICATION FOR TIME PAYMENTS ON FINES AND COSTS IN THE ELKINS DISTRICT COURT, DECLARING AN EMERGENCY to EXIST AND FOR RELATED PURPOSES

WHEREAS, many defendants coming through the Elkins District Court find it necessary to set up a payment plan to satisfy their fines and court costs;

WHEREAS, occasionally the Defendants are also required to pay restitution through the Court in reimbursement of victim damages;

WHEREAS, the Court Clerks and their deputies require guidance as to how to allocate such payments when and as made;

WHEREAS, some haste is required to make provision for such payments to be made shortly after 12-31 -2012.

BE IT ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, That:

Section 1: That payments on Defendants' fines, costs and restitution, when received by the Elkins District Court Clerk and/or deputies shall henceforth be allocated first as restitution to victims pursuant to ACA § 16-20-209(5)(t)(ii)(b).

Section 2: That if there is no restitution or after restitution has been fully paid, all additional sums shall be applied as paid one-half(l/2) to costs and one-half(l/2) to fines.

Section 3: That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

Section 4: Due to the approaching start of a new year and the necessity to have systems in the Elkins District Court Clerks Office prepared for the new year and to give the Clerk and deputies time to adjust to the provisions of this ordinance, an emergency is hereby declared in order to preserve the peace and safety of the citizens of this City, therefore this Ordinance shall be effective immediately upon its passage and approval.

PASSED AND APPROVED this 20th day of December, 2012.

AN ORDINANCE AUTHORIZING PAYMENT OF CITY FUNDS FOR SPECIFIED PURPOSES AS PROVIDED IN ACA § 14-59-105 BY ELECTRONIC FUNDS TRANSFER DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES

WHEREAS, ACA § 14-59-105 makes provision for payment of some obligations for a municipality by electronic funds transfer;

WHEREAS, in order to safeguard the integrity of the City's finances and provide necessary accounting information, certain steps need to be required before implementation of electronic funds transfers;

WHEREAS, some haste is required to make provision for such payments to be made shortly after 12-31 -2012;

BE IT ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, That:

Section 1: Pursuant to the authority of ACA § 14-59-105 (as amended) payment of salaries and wages of municipal officials and employees may be made by electronic funds transfer provided that the City Recorder-Treasurer (or his/her designee) maintains a ledger containing the following information:

a) Name, address and social security number of the employee/official receiVmg payment of salaries of wages; b) Routing number from the bank in which the funds are held; c) Account number; d) Accounts clearing house trace number pertaining to the transfer; e) Date and amount transferred; and, f) Proof that the employee/official has been notified of direct deposit of his or her salary/wages by electronic funds transfer.

Section 2: Disbursement of City funds used for payments to federal or state governmental entities may be made by electronic funds transfer.

Section 3: Disbursement of City funds and funds withheld from salaries or wages of employees or officials used for payment to federal or state governmental entities may be made by electronic funds transfer.

Section 4: In order to preserve the peace, health and safety of the citizens of Elkins and to ensure that fire, police and other vital employees and officials are paid their salaries and wages after December 31, 2012, an emergency is declared and this ordinance shall be effective immediately upon its passage and approval.

PASSED AND APPROVED this 20th day of December, 2012.

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