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HomeMy WebLinkAboutR-1990-D5822 District CourtRESOLUTION NO D 5822 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 day of , AL, 19 Al rhST CITY CLERK ORDRES F8 MAYOR 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 BOARD OF YAKIMA COUNTY COMMISSIONERS City Manager ATTEST: aLe.coe2e/e/eze) Chairman `rA -1/1 City Clerk City Attorney Deputy Prosecuting Attorney Dated this CUUV CO. TACT NO. -7;f/.) Legal/BD Agenda Stmt. A 3 9/19/90 Member ATTEST Clerk of the Board day of , 1990. YAKIMA COUNTY DISTRICT COURT FILING FEE AGREEMENT 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 promise& 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- trict 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 (5216,000) 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 Fe'Druary, 1987. Fur- ther, it is agreed that the amount of forty-five dollars (545.00) 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. anis agreement, including the amount of the total annual sum to be paid, shall remain in full force and effect, unless otherwise 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. MODIFICATIONt 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 given 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 notiCQ, 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 r Richard A. Zais, Jr. ATTEST: BOARD OF YAKIMA COUNTY COMMISSIONERS N"Ckm.w--r1:19/1-6-,J Chairman City Clerk Karen S. Roberta Approved as to form: ATTEST: Deputy Piosecuting Attorney City Contract No. 86-60 Resolution No. D-5311 FORM/R3 3 y Clerk of the Boa 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 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 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 ATTEST: City'Manager BOARD OF YAKIMA COUNTY COM4ISSIONERS � r� �—�/ Chairman t City Clerk City attorney ATTES : Aeputy Prose uting Attorney Clerk of the %oard Dated this 63M. day of _ (2/ , 19 2T / City Contract No Resolution No - 9,S"