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"