HomeMy WebLinkAboutOrdinances Book 17, Page 1097, Ordinance Number 72-8-6761097
ORDINANCE NO. 72-5-676
AN ORDINANCE AMENDING SUB -SECTION 4 OF SECTION 6-22 "DUTIES AND
POWERS OF THE CITY TREASURER", OF THE CODE OF ORDINANCES CITY OF
PADUCAH, KENTUCKY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That sub -section 4 of Section 6-22 "Duties and powers
of the City Treasurer", of the Code of Ordinances City -of Paducah,
Kentucky, be amended and reordained so that said sub -section as amended
and reordained shall hereafter read as follows:
"Sec. 6-22. Duties and powers of the City Treasurer.
(4) The City Treasurer shall determine the prevailing rates
charged by professional bail bondsmen throughout cities of the second
class in Kentucky other than Paducah, from the rate schedules filed with
the Kentucky Commissioner of Insurance by all professional bail bondsmen
doing business in such cities, and said determination shall be made
no later than March 15 of each year. The City Treasurer shall immediately
thereafter notify the Commissioner of Insurance, all licensed bondsmen,
judges, court clerks and jailers in the City of Paducah of the prevailing
rate as determined, and no professional bail bondsman doing business in
the City of Paducah shall thereafter charge or receive, either directly
or indirectly, as compensation for posting bail or acting as surety
on any bail bond or recognizance, or for making or causing to be made
a deposit of cash or surety for bail, in any criminal case within the
jurisdiction of any court in the City of Paducah, a sum in excess of
or less than the said rates as determined by the City Treasurer. The
rate so determined shall remain in effect from March 15 to March 15
of the following year, provided however, any professional bail bondsman
licensed to do business in the City of Paducah and affected by such
determinations may, within ten days after the determinations of rates
have been made, file an appeal with the City Clerk, and the Board of
Commissioners of the City of Paducah shall thereafter within seven
days conduct a hearing into the matter of rates and shall make its
own determination of justifiable rates on the basis of evidence
presented, taking into consideration such facrors as the cost of
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doincj business, the loss ratio, the number of forfeitures, the amounts
of forfeitures, minimum cost for preparing and writing any size bond,
differences in risks for residents and nonresidents of Paducah and
McCracken County, and Kentuckians and non -Kentuckians, and any other
factors which tend to justify a professional bail bondsman's request
for any particular rates. Any rates thus established by the Board of
Commissioners shall be subject to judicial review as are rates determined
and set by any administrative body.
The provisions herein for determining rates shall cease to be
carried out by the City of Paducah at any time any agency of the
Commonwealth of Kentucky or the United States of America assumes the
authority and responsibility for establishing rates for bail bonds
to be written in the City of Paducah.
As used herein the term "prevailing" shall mean most common,
prevalent or frequent fees for different or all size bonds, and in the
event there is no prevalent fee for all size bonds or for various size
bonds or for minimum fees, the City Treasurer is authorised to determine
averages for each fee category as was submitted to the Kentucky
Commissioner of Insurance by any bondsman regarding proposed Paducah
rates.
SECTION 2. This ordinance shall be in full force and effect from
and after its adoption.
Mayor
Passed by the Board of Commissioners August 1, 1972
Recorded by Sarah Thurman, City Clerk, August 1, 1972.