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City of Lexington, VA
 
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Legislation (16)
[HISTORY: Adopted by the City Council of the City of Lexington as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 05-5 (§§ 7-20 and 7-21 of the 1970 Code)]
[Amended 11-19-2009 by Ord. No. 2009-18]
A. 
Effective July 1, 1992, there shall be assessed, pursuant to § 17.1-281 of the Code of Virginia, 1950, as amended, a fee of $2 as part of the costs in:
(1) 
Each civil action filed in the District or Circuit Court located in the City; and
(2) 
Each criminal or traffic case in the District or Circuit Court in which the defendant is charged with a violation of any statute or ordinance.
B. 
The total assessments authorized hereby in a civil action together with those assessed pursuant to § 42.1-70 of the Code of Virginia, 1950 as amended, if any, shall not exceed $4. This assessment shall be collected by the Clerk of the Court in which such action is filed, remitted to the Treasurer of the City and subject to disbursement by the City for the construction, renovation or maintenance of the Rockbridge Combined Court facility.
C. 
Effective December 1, 2009, there shall be assessed, pursuant to § 17.1-281C of the Code of Virginia, 1950, as amended, a fee of $3 as part of the costs in:
(1) 
Each civil action filed in the district or circuit courts located within its boundaries; and
(2) 
Each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance.
D. 
Such additional fee assessed under subsection C shall not be assessed in any civil action if the amount in controversy is $500 or less. Funds remitted by the Clerk of the Court to the City Treasurer shall be held by such Treasurer subject to disbursements by the governing body solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure for a courthouse.
E. 
The fees imposed in this section shall be cumulative and shall be in addition to any other fees prescribed by law.
[Amended 7-12-2007 by Ord. No. 2007-17; 8-6-2020 by Ord. No. 2020-07]
A sum in the amount of $20 is hereby assessed as part of the costs in each criminal or traffic case in its District or Circuit Court in which the defendant is convicted of a violation of any statute or ordinance. The assessment shall be collected by the Clerk of the Court in which the case is heard, remitted to the Treasurer for the County of Rockbridge, and held by the Treasurer subject to appropriation by the Rockbridge County Board of Supervisors to the Sheriff's office for the funding of the courthouse security personnel and, if requested by the Sheriff, equipment and other personal property used in connection with courthouse security.
[Added 9-20-2018 by Ord. No. 2018-15]
The Clerk of the Circuit Court of the County of Rockbridge (a combined Court serving both the City and the County) shall collect and pay into the treasury of the City a City recordation tax in an amount equal to 1/3 of the amount of the state recordation tax collectible for the state on the first recordation of each taxable instrument for property located within the City of Lexington, Virginia, provided no tax shall be imposed upon any instrument in which the state recordation tax is $0.50 specifically, and provided further that where a deed or other instrument conveys, covers or relates to property located partly in the City and partly in another county or city, or in other counties or cities, the tax imposed shall be computed only with respect to the property located in the City.
[Added 9-20-2018 by Ord. No. 2018-15]
The Clerk of the Circuit Court shall be compensated for the service of collecting the tax imposed by § 24-3 out of the treasury of the City of Lexington in the amount of 5% of the said tax collected by the Clerk on each taxable instrument.
[Added 3-21-2019 by Ord. No. 2019-03]
Pursuant to Virginia Code § 17.1-279.1, whenever an individual is convicted or otherwise lawfully ordered to pay court costs in connection with a criminal or traffic case, the individual shall pay an additional assessment of $5 as part of the costs in each such case in the district and circuit courts for the City of Lexington in which the individual is charged with a violation of any statute or ordinance, if the violation arose within the City of Lexington. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the City Treasurer, and held by the Treasurer subject to disbursements by the City Council to the City Police Department solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system.