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