(A) Presiding magistrate to set and submit to Council. The amount to be charged by Municipal Court for all fees set forth in this chapter is to be set by the presiding Magistrate of the Municipal Court and submitted by resolution to the Town Council for approval. Fees can not be changed more often than every six months.
(B) Resubmission. If the Town Council does not approve the fee schedule submitted by the presiding Magistrate, the presiding Magistrate may resubmit a new fee schedule for approval as often as deemed necessary. The most recent fee schedule will remain in effect until a new fee schedule is approved.
(C) Automatic annual adjustment. On July 1 of each year, commencing in 2007, the amount of the Municipal Court fees to be paid to the town pursuant to this section shall be increased by the percentage change in the annual average of the Engineering News Record (ENR) index between the prior 2 calendar years. The Finance Director shall make the required calculation by April 1 of each year, and the amount of the Municipal Court fees for the next 12-month period, beginning July 1 of that year, as calculated by the Finance Director based upon such calculation, without the necessity of further action by the Council. In no event shall the amount of the Municipal Court fees be reduced based upon a change in the ENR index. No later than 60 days prior to the Municipal Court fees being adjusted each year as provided in this section, the Town Clerk shall cause the proposed fees to be posted on the town’s home page. In the event the ENR index information for the prior calendar years is unavailable by April 1, the Municipal Court fees as previously fixed for the prior fiscal year (July 1 to June 30) shall continue in effect until such time as the ENR index for the prior year is available; the Finance Director makes the required calculation; and the proposed fees are posted on the town’s home page for at least 60 days prior to becoming effective.
(2001 Code, Art. 5-5-1) (Ord. 06-656, passed 4-13-2006; Am. Ord. 16-809, passed 1-26-2016)