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HomeMy WebLinkAbout3549 RESOLUTION NO. 3 5 4 9 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN INTERLOCAL AGREEMENT CONTINUING THE AUTHORITY OF THE AUBURN MUNICIPAL COURT AS THE MUNICIPAL COURT FOR THE CITY OF ALGONA, AND ESTABLISHING AN AMENDED FILING FEE SCHEDULE. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington are herewith authorized to execute an Interlocal Agreement continuing the relationship between the City of Algona and the Auburn Municipal Court and adjusting the already existing filing fee schedule. A copy of the said Interlocal Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in the herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED AND SIGNED this /~t~ay of December 2002. Resolution No. December 6, 2002 Page 1 CITY OF AUBURN PEq~E~"B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. December 6, 2002 Page 2 INTERLOCAL AGREEMENT BETWEEN THE AUBURN MUNICIPAL COURT AND THE CITY OF ALGONA AMENDING THE FEE SCHEDULE FOR CALENDAR YEARS 2003 - 2004. WHEREAS, the City of Auburn and the City of Algona are both optional municipal code cities and are authorized by RCW 35.11 to operate a municipal court; and WHEREAS, the cities are authorized by RCW 39.34 to contract with one another for the purposes of the operation of a municipal court; and WHEREAS, the City of Algona is desirous of entering into a contract pursuant to RCW 39.34 with the City of Auburn for municipal court services; and WHEREAS, the City of Auburn is agreeable to providing municipal court services to the City of Algona upon the establishment of a filing fee schedule to be paid to the City of Auburn for criminal cases or traffic infractions filed in the Auburn Municipal Court for the City of Algona ordinance violations; NOW THEREFORE, BY THIS AGREEMENT, the City of Algona, hereinafter "ALGONA", mutually agree as follows: SECTION 1: GENERAL 1.1 PURPOSE: The purpose of this Interlocal Agreement is to establish the AUBURN Municipal Court as the municipal court for ALGONA and to establish filing fees to be paid by ALGONA to AUBURN for the processing of ALGONA ordinance violations in the Auburn Municipal Court. 1.2 ADMINISTRATION: This Interlocal Agreement shall be administered cooperatively by the parties. 1.3 PROPERTY: This Interlocal Agreement does not provide for the acquisition, holding or disposal of real or personal property. 1.4 FINANCING: There shall be no financing of any joint or cooperative undertaking pursuant to this Interlocal Agreement. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Intedocal Agreement. 1.5 ESTABLISHMENT OF COURT: The Auburn Municipal Court has previously been designated as the municipal court of ALGONA and shall continue to have exclusive original criminal jurisdiction of all violations of ALGQNA ordinances and shall continue to have original jurisdiction over all actions brought to enforce or recover fines, fees, penalties or forfeitures declared, or given by any ALGONA ordinance or by any state statute. The Municipal court shall also continue to exercise all powers granted by RCW 3.50 et.seq., together with such other powers and jurisdiction that are generally conferred in the state by either common law or by express statute upon the municipal court. SECTION 2: FILING FEES 2.1 2003 - 2004 FILING FEES: ALGONA agrees to pay AUBURN a filing fee of $30.00 for each traffic infraction and to pay a filing fee of $70.00 for each citation/complaint filed between January 1,2003 and December 31,2004, in the Auburn Municipal Court for violation of any ALGONA ordinance. Provided, in cases where the bail or penalty is paid or forfeited, the filing fee shall be reduced to $6.00. 2.2 PROBATION: Due to the fact that the City of Auburn Municipal Court now operates a probation division, as part of this agreement, probation services will also be included as a service provided to the City of Algona. The parties agree that all costs the Municipal Court recoups for probation fees will be retained by the City of Auburn to support its probation program, pursuant to RCW 10.64.120 SECTION 3: DURATION AND TERMINATION 3.1 DURATION: This Interlocal Agreement shall be effective upon ratification of the legislative bodies of both Cities and shall remain in full force and effect from January 1, 2003 to December 31,2004, and shall be renewed automatically for one year periods commencing January 1, and ending December 31, unless either City notifies the other in writing of its intent to terminate as provided in Section 3.3 of this Interlocal Agreement. 3.2 AGREEMENT TO MEET AND CONFER: The parties further agree to meet no later than October 15, 2003, and every other year thereafter on or before October 15, to jointly review the terms of this agreement, unless this agreement is otherwise terminated. 3.3 TERMINATION NOTICE: Any notification of intent to terminate this Interlocal Agreement must be received by the other party no later than July 15th preceding the date of termination. The date of termination is the end of the last day of the calendar year in which a termination notice is properly tendered. SECTION 4: NOTICE Any notice for other communication given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee; or sent by certified or registered mail, return receipt requested, addressed as follows, o to such address as may be designated by the addressee by written notice to the other party: CITY OF AUBURN: Mayor, City of Auburn 25 W. Main Street Auburn, WA 98001 CITY OF ALGONA: Mayor, City of Algona 402 Warde Street Algona, WA 98001 SECTION 5: SUCCESSORS This Interlocal Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors, and assigns. /~ day of December 2002. ACCEPTED AND APPROVED this CITY OF AUBURN ATTEST: ~Da~j Daskam City Clerk B. v City Attorney CITY OF ALGONA MAYOR ST: ~ APPROVED AS TO FORM City Attorney