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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 1098 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.