ORDER NO. 31811 SHERIFFS' AND CONSTABLES FEES FOR 2011 Came to be heard this the 13th day of September, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve setting the Sheriffs' and Constables Fees for 2011, with the changes as presented, including resetting the fee for a Forcible Detainer from $85.00 to $200.00 and increasing fingerprints for the public from $15.00 to $20.00. 3) in COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriffs Office MEETING DATE: September 13. 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to set Sheriffs' Fees for 2011. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer ESTIMATED LENGTH OF PRESENTATION: 3 minutes IF PERSONNEL MATTER —NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ _ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. September 13, 2010 TO: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Sheriffs' Fees Consider, discuss and take appropriate action to set Sheriffs' Fees for 2011. 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 06/12 • 2011 Sheriffs' and Constables' Fees Ken coavry Fees Fee Name Fee Amount Notices: Subpoenas $85.00 Summons $85.00 Writ of Garnishment $200.00 Writ of Sequestration $200.00 (+ any cost incurred.) Writ of Possession $200.00 (+ any cost incurred.) $200.00 Orders of Sale (+ any cost incurred + commission.) Forcible Detainer $85:00 ‘R 00.00 Writ of Attachment (person) — must come from Sheriff Dept. of issuing county $200.00 $150.00 Fee + any other expenses such as mileage incurred for transport at current IRS approved mileage rate. Person to which attached person is to be released to mast be within one mile unless attached person is going to jail. If Writ is issued out of another county, if the person is to be arrested — Writ must come from their Sheriff Dept — (so the other county will be responsible for prisoner pickup from our jail if they cannot post bond). Writ of Re -entry $200.00 Turnover Order , $200.00 Writ of Attachment (Property) $200.00 (+ any cost incurred) Order of Sale — collection money w/o sale $200.00 Ten percent of total judgment and interest amount combined or $150.00, whichever is greater + any cost incurred. When the money is collected, etc, by the Sheriff or Constable without a sale, the fee shall be half of the above rates + any costs incurred. — 1 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 07/12 Writ of Execution $200.00 (+ any cost incurred + commission) _Writ of Execution (Nulla Bono Return) $200.00 Writ of Execution — collecting money w/o sale $200.00 (4 any cost incurred + 1 /2 Commission.) • All other writs not specified $200.00 All wilts and/or Orders involving the Seizure of Property or Persons, Sale of Property, etc., bui not limited to each writ of attachment writ of gamisbment, writ of sequestration, writ of possession, order of sale, writ of execution, writ of re-entry , turnover order, injunction, distress warrant, tax warrants or writ not otherwise provided for or the Enforcement of a Judgment that exceeds thirty minutes in the execution or enforcement of such writ/order will be assessed an additional $35 - 00 fee per officer for each hour or portion thereof, When the property /person is seized as a result of executing any court order including, but not limited to each writ of attachment, writ of sequestration, writ of possession, order of sale, writ of execution, writ of re- entry, turnover order, injunction, distress warrant, tax warrants, or writ not otherwise provided for, but there is no sale or collection, an extra fee of $60,00 shall be charged Writs/Orders must specifically state disposition of property/person or to whom the property /person is to be released to. Service Fees: Citations (All Courts — Any Type) $85.00 Other Service Fees: County & District Citations $85.00 Posting Trustee Sale $85.00 • Distress Warrant $200.00 - Injunction $200.00 Delinquent Tax Suit $85.00 Show Cause $85.00 Notice of l fearing $85.00 Restraining Orders $85.00 Citation by Publication $200.00 (+ any publication cost, etc-) Sheriff's Deed/Bill of Sale $85.00 Replacement Deed/Bill of Sale not recorded $25.00 Notice of Sale _ $85.00 (4 publication cost, etc.) Replacement Proof of Service, Atternptd Service, Affidavit of Substitute Service $10.00 Clearance Letter for going out of county (per name) $5.00 Fingerprinting for public (per person) crk5 a 0.00 Copy of offense report (per page) $0.10 Copy of Accident report $6.00 Copy of Open Records Request (per page) $0.10 Research Archives (prior calendar years — per hour) $20.00 Standard paper copies (per copy) $0.10 2 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 08/12 Copies on a medium other than standard size paper: Rewritable CD (CD -RW) - $1.00 Non- rewritable CD (CD -R) $1.00 _ Digital Video Dislc (DVD) $3.00 VHS Video Cassette $2.50 Audio Cassette $1.00 Photographs - Actual Cost Oversized Paper copy (per copy) $0.50 Housin: Inmates - In Coun Holdio t • er dayl. er head $40.00 (any portion of day = day. Class C Misdemeanor + any medical expenses per day /per head.) Housing Inmates Out -of - County Prisoners (per day /per head) $45.00 (+ medical expenses per day /per head.) Housing Inmates for other counties /agencies (per day /per head) $50.00 (± medical expenses per day /per head) Miscellaneous fee not listed $85.00 Miscellaneous fee not listed hourly rate per Deputy $35.00 Estray Fees: Advertising Fees: $.00 Cost of newspaper ad. Catching/loading fee: $.00 - SMALL livestock/each animal (Goat, Sheep, Hog, etc.) If contained in pen $25.00 (50'xS0' or smaller) per head Catching/loading fee: LARGE livestock/each animal (Bull, Cow, Horse, $50.00 Donkey /mule or Flightless Bird). If contained in pen (50'x50' or smaller), per head , Penning Fee: $.00 LARGE livestock/each animal (Bull, Cow, Horse, Donkey /mule or Flightless Bird.) In pasture or roadway, penned on site, First Hour $75.00 per head, each animal; subsequent hour or fraction thereof, $25.00 per head, each animal. Additional $100.00 fee if Horse or Dog is required to catch estray. SMALL livestock/each animal (Goat, Sheep, Hog, etc.) In pasture or roadway Penned on site. First Hour $40.00 per head, each animal. Hauling Fee: $.00 Per mile mileage rate as set by the IRS. Boarding Fee: $.00 LARGE livestock/each animal (Bull, Cow, Horse, Donkey/mule or Flightless Bird.) $10.00 per day /per head. SMALL livestock/each animal (Goat, Sheep, Hog, etc.) $5.00 per day, pc head. Estray Return/Delivery Charge, per head $50.00 Estray Collection Pee for each call or each animal as required by State, Per $25.00 head 3