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HomeMy WebLinkAboutR-1992-D6206 Filing Fee• • • RESOLUTION NO D 6 2 0 6 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a modification of the agreement with Yakima County relating to Yakima County District Court costs. WHEREAS, the City of Yakima uses Yakima County District Court to prosecute criminal and infraction cases, and WHEREAS, pursuant to R.C.W. 3 62.070 the amount of the fee for filing City actions in that Court is subject to an agreement between the County and the City, and WHEREAS, the City of Yakima desires to execute the attached modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the 1993 modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987 as previously amended, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this'll Tday of OCT , 1992. CQt, MAYOR ATTEST: CITY CLERK BEC H 123 1993 MODIFICATION TO THE YAKIMA COUNTY DIi4TIICT'COURT FILING FEE AGREEMENT DATED JANUARY 1, 1987 This modification is entered into by and between the City of Yakima, a municipal corporation in the State of Washington, hereinafter denominated as "Yakima", and Yakima County, a political subdivision of the State of Washington, hereinafter denominated as "Yakima County", to be effective on the 1st day of January, 1993. Pursuant to negotiations for 1993, the parties agree that Section 2, Fee Schedule, of the Yakima County District Court Filing Fee Agreement dated January 1, 1987, hereinafter called Agreement, shall be modified as follows: "2. FEE SCHEDULE: Yakima agrees to pay, and Yakima County agrees to accept, as for District Court services the total annual sum of three payment hundred eight thousand six hundred sixteen dollars ($308,616) payable monthly in twelve equal installments of twenty-five thousand seven hundred eighteen dollars ($25,718) due and payable on or before the 20th day of each month, commencing the 20th day of February, 1993. Further, it is agreed that the amount of fifty- five dollars ($55.00) shall be deemed the filing fee for each criminal case and twenty-two dollars ($22.00) shall be deemed the which amounts shall be criminal and traffic filing fee for each traffic recoverable by Yakima infraction cases as a in infraction case, the individual prevailing party, or as otherwise may be agreed to by the City and the other party in individual criminal or traffic infraction cases. It is understood and agreed that the total annual sum to be paid by Yakima to Yakima County and the designated filing fees recoverable in specific cases by Yakima shall not depend on or be affected by the actual number of such agreed by the parties." All other provisions of the Agreement shall remain in full force and effect unless otherwise modified or terminated as provided in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this modification to become effective on the day and year first above mentioned. CITY OF YAKIMA )' C` I I I i `I L Date City Manage? ATTEST: Ci y Clerk City 4ttorne Date Dep tsecuting Attorney 7 - Date BOARD OF YAKIMA COUNTY COMMISSIONERS Chairman Mem /a -15-9a Date is-�5-9a Ira A `- Da e /.or- m•er Date CITY CONTRACT NOC/1l1( '51) �'' 1 OFFICE OF THE CITY MANAGER 129 North Second Street CITY HALL, Yakima, Washington 98901 Phone (509) 575-6040 Sent via First Class Mail, Postage Prepaid, and Certified Mail, Return Receipt Requested June 26, 1998 Ronald L. Zirkle Office of Corporate Counsel Room 211 Yakima County Courthouse Yakima, WA 98901 Re: Termination of 1987 Yakima County District Court Filing Fee Agreement Dear Mr. Zirkle: The City of Yakima hereby terminates the 1987 Yakima County District Court Filing Fee Agreement ("Agreement"). The Agreement was originally executed by the City and Yakima County in 1987 and was last modified in 1993. This termination notice is given to the County pursuant to Section 5 of the Agreement, RCW 3.62.070, and Finding Number 9 on page 8 of the November 19, 1997 Arbitration Decision of Don W. Schussler. The effective date of the termination of the Agreement is midnight, December 31, 1998. The City desires to negotiate a reasonable fee with the County to cover the costs of the Yakima County District Court adjudicating and processing the remaining trailing cases" that were filed with the Yakima County District Court prior to January 1, 1997. Under the Arbitration Decision and absent termination of the 1987 Agreement, the City would have been required to pay the County $58,150.00 to process the trailing cases during 1999. That sum is based upon a projected hearing load that has not materialized. The City is willing to pay the County a reasonable fee for the necessary District Court services to hear and process the trailing cases during 1999 and beyond. The City also requests a review regarding the amount of the compensation paid to the County for District Court services during 1998. The Arbitrator's award of $97,119.00 for 1998 was based on the County's projection of the number of trailing case hearings that would occur during this year. Simply put, the County's projection has proven to be substantially inaccurate. Based upon documentation provided by the County, the actual number of hearings from January through May 1998 was just 493 hearings. Utilizing this number, the total number of hearings projected for 1998 is 1183 (493 _ 5 = 98.6, 98.6 x 12 = 1183.2). Even this number may be quite generous as the hearing load trend is steadily downward. Yakima 1994 Ronald L. Zirkle June 26, 1998 Page - 2 While the City is certainly willing to pay the County a reasonable sum for the District Court's processing of trailing cases during 1998, it is obvious that the $97,119.00 figure is based upon erroneous information and is inequitable. Bluntly stated, the City is paying the County too much for these services. In Finding Number 1 of the Arbitration Decision and with regard to the 1987 Agreement, Mr. Schussler stated that the parties "did not intend that the county subsidize [the adjudication of City cases] or profit from it." In that vein, the City respectfully requests a meeting with County representatives to review and modify the payment program for processing of trailing cases during 1998. Please contact Paul McMurray (Assistant City Attorney) or Jeff West (City Prosecutor) to arrange a meeting as soon as possible to discuss these matters. Thank you for your attention to these matters. Sincerely, DICK ZAIS City Manager cc: Jeff West, City Prosecutor Paul T. McMurray, Assistant City Attorney Tim Jensen, Finance Department Teresa Doty, Court Administrator Presiding Judge, Yakima County District Court c — 1ODIFICATION TO THE YAKIMA COUNTY DISTRICT COURT FILING FEE AGREEMENT DATED JANUARY 1, 1987 This modification is entered into by and between the City of Yakima, a municipal corporation in the State of Washington, hereinafter denominated as "Yakima", and Yakima County, a political subdivision of the State of Washington, hereinafter denominated as "Yakima County", to be effective on the 1st day of January, 1992. Pursuant to negotiations for 1992, the parties agree that Section 2, Fee Schedule, of the Yakima County District Court Filing Fee Agreement dated January 1. 1987, hereinafter called Agreement, shall be modified as follows: "2. FEE SCHEDULE: Yakima agrees to pay, and Yakima County agrees to accept, a payment for District Court services the total annual sum of two hundred eighty-four thousand eight hundred and thirty-two dollars ($284,832) payable monthly in twelve equal installments of twenty-three thousand seven hundred thirty-six dollars ($23,736) due and payable on or before the 20th day of each month, commencing the 20th day of February, 1992. Further, it is agreed that the amount of fifty-five dollars ($55.00) shall be deemed the filing fee for each criminal case and twenty-two dollars ($22.00) shall be deemed the filing fee for each traffic infraction case, which amounts shall be recovered by Yakima in the individual criminal and traffic infraction cases as a prevailing party, or as otherwise may be agreed to by the City and the other party in individual criminal or traffic infraction cases. It is understood and agreed that the total annual sum to be paid by Yakima to Yakima County and the designated filing fees recoverable in specific cases by Yakima shall not depend on or be affected by the actual number of such cases filed during the year for which the total amount sum has been agreed by the parties." All other provisions of the Agreement shall remain in full force and effect unless otherwise modified or terminated as provided in the Agreement. Legal/BD Agenda Stmt. A 2 10/7/91 IN WITNESS WHEREOF, the parties hereto have executed this modification to become effective on the day and year first above mentioned. CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS City Manager CITY CONTRACT NO. _IL/ l001 % ATTEST: City Clerk City Attorney Deputy Prosecuting Attorney Legal/BD Agenda Stmt. A 3 10/7/91 Chairman ATTEST: Clerk of the Boa .2.217/4 D fiber Dated thisday of , 1991. RESOLUTION NO. D - 6 011 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a modification of the agreement with Yakima County relating to Yakima County District Court costs. WHEREAS, the City of Yakima uses Yakima County District Court to prosecute criminal and infraction cases, and WHEREAS, pursuant to R.C.W. 3.62.070 the amount of the fee for filing City actions in that Court is subject to an agreement between the County and the City, and WHEREAS, the City of Yakima desires to execute the attached modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the 1992 modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987 as previously amended, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 15 day of October, 1991. Sj PATRICIA A. BERNDT ATTEST: /s/ KAREN S. ROBERTS, UP CITY CLERK ORDRES F8 MAYOR :ertified to be a true and correct copy of the eririr ai filed in my office. CITY CLERK Ey LI) L _Deputy MODIFICATION TO THE YAKIMA COUNTY DISTRICT COURT FILING FEE AGREEMENT DATED JANUARY 1, 1987 This modification is entered into by and between the City of Yakima, a municipal corporation in the State of Washington, hereinafter denominated as "Yakima", and Yakima County, a political subdivision of the State of Washington, hereinafter denominated as "Yakima County", to be effective on the 1st day of January, 1991. Pursuant to negotiations for 1991, the parties agree that Section 2, Fee Schedule, of the Yakima County District Court Filing Fee Agreement dated January 1, 1987, hereinafter called Agreement, shall be modified as follows: "2. FEE SCHEDULE: Yakima agrees to pay, and Yakima County agrees to accept, a payment for District Court services the total annual sum of two hundred seventy-one thousand one hundred and sixty-four dollars ($271,164) payable monthly in twelve equal installments of twenty two thousand five hundred ninety-seven dollars ($22,587) due and payable on or before the 20th day of each month, commencing the 20th day of February, 1991. Further, it is agreed that the amount of fifty-five dollars ($55.00) shall be deemed the filing fee for each criminal case and twenty-two dollars ($22.00) shall be deemed the filing fee for each traffic infraction case, which amounts shall be recovered by Yakima in the individual criminal and traffic infraction cases as a prevailing party, or as otherwise may be agreed to by the City and the other party in individual criminal or traffic infraction cases. It is understood and agreed that the total annual sum to be paid by Yakima to Yakima County and the designated filing fees recoverable in specific cases by Yakima shall not depend on or be affected by the actual number of such cases filed during the year for which the total amount sum has been agreed by the parties." All other provisions of the Agreement shall remain in full force and effect unless otherwise modified or terminated as provided in the Agreement. Legal/BD Agenda Stmt. A 2 9/19/90 IN WITNESS WHEREOF, the parties hereto have executed this modification to become effective on the day and year first above mentioned. CITY OF YAKIMA City Manager ATTEST: City Clerk )�1 -;'City Attorney BOARD OF YAKIMA COUNTY COMMISSIONERS d1c4-0S-z6 Chairman Member ATTEST Deputy Prosecuting Attorney Dated this C!IV CONTRACT NO. 7 A /1 5 t' n Legal/BD Agenda Stmt. A 3 9/19/90 Clerk of the Board day of , 1990. RESOLUTION NO. D `L- 822 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a modification of the agreement with Yakima County relating to Yakima County District Court costs. WHEREAS, the City of Yakima uses Yakima County District Court to prosecute criminal and infraction cases, and WHEREAS, pursuant to R.C.W. 3.62.070 the amount of the fee for filing City actions in that Court is subject to an agreement between the County and the City, and WHEREAS, the City of Yakima desires to execute the attached modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the 1991 modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987 as previously amended, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this lt;day of x.,1990. AI JEST: CITY CLERK ORDRES F8 J MAYOR IFICATION TO THE YAKIMA COUNTY DISTRICT COURT FILING FEE AGREEMENT DATED JANUARY 1, 1987 This modification is entered into by and between the City of Yakima, a municipal corporation in the State of Washington, hereinafter denominated as "Yakima", and Yakima County, a polit- ical subdivision of the State of Washington, hereinafter denomin- ated as "Yakima County", to be effective on the 1st day of Janu- ary, 1990. Pursuant to negotiations for 1990, the parties agree that Section 2, Fee Schedule, of the Yakima County District Court Filing Fee Agreement dated January 1, 1987, hereinafter called Agreement, shall be modified as follows: "2. FEE SCHEDULE: Yakima agrees to pay, and Yakima County agrees to accept, as payment for District Court services the total annual sum of Two hun- dred forty-six thousand Dollars ($246,000) payable monthly in twelve equal installments of Twenty thousand five hundred Dollars ($20,500) due and payable on or before the 20th day of each month, commencing the 20th day of February, 1990. Further, it is agreed that the amount of Fifty-five Dollars ($55.00) shall be deemed the filing fee for each criminal case and Twenty-two Dollars ($22.00) shall be deemed the filing fee for each traffic infraction case, which amounts shall be recoverable by Yakima in the individual criminal and traffic infraction cases as a prevailing party, or as otherwise may be agreed to by the City and the other party in individual criminal or traffic infraction cases. It is understood and agreed that the total annual sum to be paid by Yakima to Yakima County and the designated filing fees recoverable in specific cases by Yakima shall not depend on or be affected by the actual number of such cases filed during the year for which the total amount sum has been agreed by the parties." All other privisions of the Agreement shall remain in full force and effect unless otherwise modified or terminated as provided in the Agreement." IN WITNESS WHEREOF, the parties hereto have executed this modification to become effective on the day and year first above mentioned. CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS City Manager ATTEST: City Clerk City Attorney eputy Prose uting Attorney Dated this City Contract No. Resolution Na ATTES : Clerk of the oard day of art-, 19 CT RESOLUTION NO. D® 5 6 4 5 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a modification of the agreement with Yakima County relating to Yakima County District Court costs. WHEREAS, the City of Yakima uses Yakima County District Court to prosecute criminal and infraction cases, and WHEREAS, pursuant to R.C.W. 3.62.070 the amount of the fee for filing City actions in that Court is subject to an agreement between the County and the City, and WHEREAS, the City of Yakima desires to execute the attached modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the 1990 modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987 as previously amended, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this to day of =__ , 1989. A ITbST: CITY CLERK ORDRES F6 MAYOR RESOLUTION NO. D-5521 A RESOLUTION authorizing and directing the City Manager _ of the City of Yakima to execute a modification of the agreement with Yakima County relating to Yakima County District Court costs. WHEREAS, the City of Yakima uses Yakima County District Court to prosecute criminal and infraction cases, and WHEREAS, pursuant to R.C.W. 3.62.070 the amount of the fee for filing Cityactionsin that Court is subject to an agreement between the County and the City, and WHEREAS, the City of Yakima desires to execute the attached modif- ication to the Yakima County District Court Filing Fee Agreement dated January 1, 1987, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the Cit Y of Yakima are hereby authorized and directed to execute a modification to the Yakima County District Court Filing Fee Agreement dated January 1, 1987, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 15thlay of November, 1988. ATTEST: „vi CITY CLERK ORDRES F6 MAYOR AKIMA COUNTY DISTRICT COURT COLLECTIONS AGREEMENT THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN the City of Yakima, a municipal corporation of the State of Washington (hereinafter re- ferred to as Yakima) and Yakima County, a political subdivision of the State of Washington, to become effective on the first day of June, 1987. WITNESSETH: IN CONSIDERATION of the mutual promises contained herein, the par- ties hereto mutually agree as follows: 1. , PURPOSE: It is the purpose and intent of this Agreement to include City of Yakima District Court cases to the collections unit of said court for special collection effort. Yakima County shall forward those fines and forfeitures collected to Yakima Director of Finance and Budget on a monthly basis. 2. COMPENSATION: Yakima shall pay to Yakima County an amount equal to forty-five percent of total compensation for two and one-half positions in the District Court collection unit and forty-five percent of ten percent of the District Court Administrator's total compensation. Such combined amount shall be payable in monthly installments to the Yakima County due on or before the twentieth day of each month. Commencing June 1, 1987 and ending December 31, 1987, Yakima shall pay Yakima County $2,031.33 per month. Yakima and Yakima County agree that historically Yakima has recovered forty-five percent of total reserve from the special collection efforts mentioned in paragraph 1. In the event Yakima's share of such revenue on STLIV H1 City Clerk DISTCT.RES/G6 YAKIMA COUNTY DISTRICT COURT FILING FEE AGREEME THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN the City of Yakima, a municipal corporation of the State of Washington (hereinafter referred to as Yakima) and Yakima County, a political subdivision of the State of Washington, to become effective on the 1st day of January, 1987. WITNESSETH: IN CONSIDERATION of the mutual promises contained herein, the parties agree as follows: 1. PURPOSE: Pursuant to RCW 3.62.070, Yakima County and Yakima are authorized to enter into an Agreement establishing the Dis- tract Court filing fee to be paid by Yakima to Yakima County in criminal and traffic infraction cases filed by Yakima in Yakima County's District Court in an amount agreed to between the parties pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. It is the purpose and intent of this Agree- ment to establish the District Court filing fees to be paid by Yakima to Yakima County for District Court services for crim- inal and traffic infraction cases filed by Yakima. It is also recognized that operation of the District Court in an effi- cient manner is beneficial to both parties. 2. FEE SCHEDULE: Yakima agrees to pay, and Yakima County agrees to accept, as payment for District Court services the total annual sum of two hundred sixteen thousand dollars ($216,000) payable monthly in twelve equal installments of eighteen thousand dollars ($18,000) due and payable on or before the 20th day of each month, commencing the 20th day of February, 1987. Fur- ther, it is agreed that the amount of forty-five dollars ($45.00) shall be deemed the filing fee for each criminal case and eighteen dollars ($18.00) shall be deemed the filing fee for each traffic infraction case, which amounts shall be recoverable by Yakima in the individual criminal and traffic FORM/R3 1 infraction cases as a prevailing party, or as otherwise may be agreed to by the City and the other party in individual criminal or traffic infraction cases. It is understood and agreed that the total annual sum to be paid by Yakima to Yakima County and the designated filing fees recoverable in specific cases by Yakima shall not depend on or be affected by the actual number of such cases filed during the year for which the total annual sum has been agreed by the parties. This agreement, including the amount of the total annual sum to be paid, shall remain in full force and effect, unless otterwise modified or terminated as provided herein. 3. DURATION: This Agreement shall become effective January 1, 1987 and shall remain in full force and effect for each calendar year thereafter, unless sooner modified or terminated as provided for herein. 4. MODIFICATION: Modification of this Agreement may be accomplished by written agreement by Yakima County and Yakima and no oral understandings or agreements shall suffice to alter the terms of this Agreement. 5. TERMINATION: This Agreement may be terminated by either party upon the giving of a written notice to the other of termination and renegotiation of the fee and filing fees for District Court services; however, such notice must be givers by the 1st day of July of each calendar year, otherwise this agreement shall remain in full force and effect for the succeeding calendar year. In the event no agreement is reached between the parties by the 1st day of November after the giving of such notice, the matter shall then be submitted to arbitration pursuant to RCW 7.04. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective on the day and year first above mentioned. FORM/R3 2 CITY OF YAKIMA City Mana•er Richard A. Zais, Jr. ATTEST: City Clerk Karen S. Roberts Approved as to form: (4 L (%) At orney for City of Yak1ma Deputy'`.P-rosecuting Attorney City Contract No. 86-60 Resolution No. D-5311 FORM/R3 3 BOARD OF YAKIMA COUNTY COMMISSIONERS Chairman ATTEST: ) De y Clerk of the B If '? Go-- 4 RESOLUTION NO. D 53 1 1 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima County relating to Yakima County District Court costs. WHEREAS, the City of Yakima uses Yakima County District Court to prosecute criminal and infraction cases, and WHEREAS, pursuant to R.C.W. 3.62.070 the amount of the fee for filing City actions in that Court is subject to an agreement between the County and the City, and WHEREAS, the City of Yakima desires to execute the attached agreement document relative to Yakima County District Court filing fees, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Yakima County relating to Yakima County District Court filing fees, a copy of which agreement, entitled "Yakima County District Court Filing Fee Agreement", is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 1986. ATTEST: City Clerk COURTAGR.RES/G6 day af