10-19-94 Council Rules Committee

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Council Rules Committee October 19, 1994 Page 2 She noted that this background information is critical in order to have a good understanding of the current City and Town Courts in operation throughout the State of Indiana. She noted that currently there are 48 City Courts and 25 Town Courts in existence.To date two additional Town Courts have been created by an Ordinance effective January 1, 1996. In response to a question raised by Council Member Luecke, she was unaware of any other communities that have either created or abolished a City or Town Court this year. She indicated communities have until December 31, 1994 to either create or abolish and that the reporting mechanism would be through the Indiana Supreme Court Division of State Administration. She reviewed the preliminary material and noted that currently as of 1993 statistics there were 23 cities operating at a profit, 22 operating with a deficit, 17 towns operating with a profit,and 5 towns operating with a deficit for an overall total of 40 cities and towns operating in a profit line and 27 cities and towns operating in a deficit situation. She further noted that if the 7 communities in Lake County were eliminated from the revenue and expenditure totals that state-wide a profit line of approximately$660,00.00 was realized in 1993. She also indicated that all of the information presented has attempted to be set forth as clearly as possible. Any mistakes are inadvertent and should be brought to the attention of the Committee so that they can be properly corrected. She then highlighted briefly information from the November 8, 1982 City Court Advisory Committee which was an 11 member committee. Irene Gammon who was present at the meeting was also a member of the committee in 1981 and 1982 along with the Council Attorney. She noted that the committee basically made a recommendation that the overall decision should be left to the Common Council and found as many "Negative as Positive Features" by its establishment. She indicated that projected revenues in the last three years of existence of the South Bend City Court showed approximately$100,000.00 in revenues with approximately$32,000.00 in expenses. The background sheets on City and Town systems were then reviewed. It was noted that a City Court would handle primarily ordinance violations, infractions, and misdemeanors. She also briefly reviewed the user fees which are a part of the City Court system which permit the Common Council to appropriate funds there after. She also highlighted where fines are receipted, indicating that fines from misdemeanors go to the Common School Fund and fines from infractions go to the State General Fund. 30% of court costs would remain with the City. The 1993 City and Town Court comparison of revenue and expenditures and case loads were also reviewed. These documents are set forth in tab three of the notebooks. Tab four set forth a summary of city fines and parking violations paid from 1992 through 1994 and also set forth totals of outstanding city fines and parking violations for 1992 through 1994. It was noted that as of August 31, 1994 for this period of time approximately$300,000.00 is outstanding on city fines and parking fines.