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ORDINANCE NO. 2009-12-4 <br /> AN ORDINANCE AUTHORIZING THE LEVY OF AN ADDITIONAL TWENTY DOLLARS ($20.00) <br /> FINE TO HELP DEFRAY THE EXPENSE OF INCARCERATING CITY PRISONERS PURSUANT <br /> TO ACT 209 OF 2009; AND FOR OTHER PURPOSES. <br /> WHEREAS, the Arkansas General Assembly passed Act 209 of 2009, amending A.C.A. § 16-17- <br /> 129, which authorizes the city, by ordinance, to levy up to an additional Twenty Dollars ($20.00) <br /> fine, and not to exceed Twenty Dollars ($20.00), to help defray the expenses of incarcerating city <br /> prisoners; and <br /> WHEREAS, it is in the best interest and welfare of the citizens of Batesville, Arkansas, that an <br /> additional fine of Twenty Dollars ($20.00) be levied and collected from each defendant who pleads <br /> guilty or nolo contendere to, is found guilty of, or forfeits bond for any misdemeanor or traffic <br /> violation in the Independence County District Court within Batesville, Arkansas. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br /> BATESVILLE THAT: <br /> SECTION 1: That pursuant to Act 209 of 2009, of the General Assembly of the State of Arkansas, <br /> an additional fine of Twenty Dollars ($20.00) shall be levied and collected from each defendant <br /> who pleads guilty or nolo contendere to, is found guilty of, or forfeits bond of any misdemeanor or <br /> traffic violation in the Independence Court within Batesville, Arkansas. <br /> SECTION 2: That the additional fine levied by the city under this Ordinance shall be deposited into <br /> a special fund within the City Treasury, and the revenues generated by the additional fine shall be <br /> used exclusively to help defray the cost of incarcerating city prisoners. <br /> SECTION 3: The additional fine authorized by this Ordinance shall apply to each charge, count, <br /> violation, or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or <br /> forfeits bond, for, including each misdemeanor or traffic violation. <br /> SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be <br /> severable, and, if any section of part of a section, or any provision or part of a provision herein, is <br /> declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, <br /> such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the <br /> provision hereto are declared to be severable. <br /> SECTION 5: That all Ordinances or parts of Ordinances found to be in conflict herewith, are <br /> hereby repealed. <br /> Passed and adopted this 22nd day of December, 2009. <br /> Rick g , Mayor <br /> ATTEST: <br /> C„ Denise JohnstorY, City Clerk <br />