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HomeMy WebLinkAbout2732 (2) 4 ®8/9 1 4/" '/ RESOLUTION NO 2 7 3 2 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 INTERLOCAL AGREEMENT BETWEEN KING COUNTY THE CITY OF AUBURN FOR JUDICIAL SERVICES, APPOINTING KING COUNTY DISTRICT COURT 5 JUDGE JAMES D CAYCE TO SERVE AS THE AUBURN MUNICIPAL COURT 6 JUDGE FOR TWO YEARS 7 WHEREAS, AUBURN is a municipal corporation which lies 8 9 within the jurisdictional boundaries of King County; and 10 WHEREAS, the AUBURN area, including the City of Auburn, 11 is within the Aukeen Division of King County District Court , 12 which is administered by King County; and 13 WHEREAS, AUBURN has an independent municipal court 14 15 organized under RCW 3 50 and desires to maintain the same; and 16 WHEREAS, the current Auburn municipal judge is not 17 required to serve full-time; and 18 WHEREAS, King County has indicated a willingness to 19 provide a district court judge to Auburn on a part-time basis 20 21 under RCW 3 50 040 ; 22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 23 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 24 RESOLVES THAT 25 26 Resolution No 2732 April 1, 1996 Page 1 4 1 Section 1. The Mayor and City Clerk of the City of 2 Auburn are herewith authorized to execute an Interlocal 3 Agreement between King County and the City of Auburn for 4 5 Judicial Services appointing King County District Court Judge 6 James D Cayce to serve as the Auburn Municipal Court Judge 7 for a period of two (2) years beginning January 1, 1996 ending 8 December 31, 1997 A copy of said Agreement is attached 9 hereto, designated as Exhibit "A" and incorporated by 10 11 reference in this Resolution 12 Section 2 . The Mayor is hereby authorized to implement 13 such administrative procedures as may be necessary to carry 14 out the directives of this legislation 15 16 DATED and SIGNED this 1st day of April , 1996 17 18 CITY OF AUBURN 19 20 21 p1cc, 22 CHARLES A BOOTH MAYOR 23 24 25 26 Resolution No 2732 April 1, 1996 Page 2 .f 1 ATTEST 2 3 4 leljel4C-)Gvi Robin Wohlhueter, 5 City Clerk 6 7 8 APPROVED AS TO FORM 9 10 I ig4d;;),) 11 Michael J Reynolds, 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2732 April 1, 1996 Page 3 ORIGINAL INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR JUDICIAL SERVICES THIS AGREEMENT is made and entered into this ASS- day of 6/4-clr, 1996, by and between KING COUNTY, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as "KING COUNTY" , and the CITY OF AUBURN, a municipal corporation organized under RCW 35A, Optional Municipal Code, hereinafter referred to as "AUBURN" WHEREAS, AUBURN, is a municipal corporation which lies within the jurisdictional boundaries of King County; and WHEREAS, the AUBURN area, including the City of Auburn, is within the Aukeen Division of King County District Court , which is administered by KING COUNTY, and WHEREAS, AUBURN has an independent municipal court organized under RCW 3 50 and desires to maintain the same; and WHEREAS, the current Auburn municipal court judge is not required to serve full-time ; and WHEREAS, KING COUNTY has indicated a willingness to provide a district court judge to AUBURN on a part-time basis under RCW 3 50 040 ; and WHEREAS, AUBURN has appointed King County District Court Judge James D Cayce as its municipal court judge under RCW 3 50 040 , with the intent that Judge Cayce serve in such capacity -1- until such time as a duly elected municipal court judge assumes office on January 1, 1998 , as per the electoral sequence in RCW 3 50 050 and Auburn Municipal Code Section 2 14 030 ; and WHEREAS, AUBURN agrees to pay KING COUNTY a pro rata share of the district court salary of Judge James D Cayce, or any other King County district court judge who may serve as a judge pro tem at Auburn municipal court NOW THEREFORE, based on the mutual covenants to be derived, the parties agree as follows 1 APPOINTMENT The parties agree that King County District Court Judge James D Cayce shall serve as the Auburn Municipal Court Judge for a period of two (2) years beginning January 1, 1996 ending December 31, 1997 The parties further agree that Judge Cayce may, on occasion, be unavailable to serve as Auburn Municipal Court Judge, and that in the event of Judge Cayce' s unavailability, AUBURN may appoint another King County district court judge to serve in his place as a municipal court judge pro tem; provided that any such pro tem appointment shall be on the same terms and conditions as those set forth below 2 COMPENSATION AUBURN shall pay to KING COUNTY the pro rata share of the King County district court salary of Judge James D Cayce, based on RCW 3 58 010 Pro rata share of salary will be dependent upon the amount of time Judge James D Cayce spends at Auburn municipal court times an hourly rate determined by taking _2_ his salary with King County, determining a rate per hour and multiplying it by the time spent at Auburn 3 DURATION OF AGREEMENT This Agreement shall begin on January 1 , 1996 and run through December 31, 1997, unless terminated by either party Either party may terminate this Agreement at any time upon thirty (30) days written notice 4 BILLING The pro rata salary amount owing KING COUNTY shall be billed on a monthly basis Payments shall be due within 30 days after invoicing by KING COUNTY and forwarded to King County Finance Division King County Administration Building, M S 6A 500 4th Avenue Seattle, WA 98104 5 NOTICE Any notice under this Agreement shall be in writing and either personally served or sent by first-class mail to the following persons AUBURN Michael J Reynolds Auburn City Attorney 25 West Main Auburn, WA 98001-4998 KING COUNTY Chuck Mize Metropolitan Affairs Director Office of the King County Executive 400 King County Courthouse 516 3rd Avenue, M X 4CX Seattle, WA 98104 6 NON-WAIVER No waiver by either party of any of the terms of this Agreement shall be construed as a waiver of the same or other rights of that party in the future 7 HEADINGS Headings are inserted for convenience of references only and are not to be deemed part of or to be used in construing this Agreement 8 ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties No representations or agreements not expressed herein have been made to induce either party to sign this Agreement 9 MODIFICATION No modification or amendment to this Agreement shall be valid until put in writing and signed with the same formalities as this Agreement 10 HOLD HARMLESS AUBURN shall protect , defend, indemnify and hold harmless KING COUNTY, Judge James D Cayce, any other King County district court judge, or any other county employee, official or agent from any claim, cause of action, liability, loss, cost or expense for direct , indirect , consequential and/or incidental damages to property of person, or for any other matter in law or equity, caused by or arising out of any act or omission of KING COUNTY, Judge James D Cayce, any other King County district court judge, or any other county employee, official or agent, while acting in the capacity as a municipal court judge or judge pro tem for AUBURN 11 ADMINISTRATION No new or separate legal or administrative entity is created �p� } -4- to administer the provisions of this Agreement 12 SEVERABILITY If any provision of this Agreement is determined to be invalid or unenforceable for any reason the remaining provisions shall remain in force and effect IN WITNESS WHEREOF, the parties have executed this Agreement KING CO Y 45, CITY OF AUBURN 4:1744—"' 11 `nI ��uwLS 1 1I / King Coun Executive Mayor Approved as to Form ssproved as to Form II ! jai eputy Prosecu int At orney City Attorney Attestt /j/ City Clerk -5- City or fEil\ CRAM-B.S./1/4 BOOTH,MAYOR // AUBURN CITY CLERK Robin Wohlhueter,City Clerk I Auburn 25 West Main, Aubuin,WA 98001 Dani Daskam, Deputy City Clerk 1\ uuul l� City Clerk:(206)931-3039 Tame Bothell, Records/License Clerk 471,17* Business Registration:(206)931-3007 Fax (206)931 3053 ashin�,,v STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2732 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No. 2732 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 1st day of April, 1996. Witness my hand and the seal of the City of Auburn this 14th day of August, 1996 ypaitiAtefi //CA-- Robin Wohlhueter City Clerk City of Auburn CHARLES A eooTtt.NIA}oR iktta AUBURN CITY ATTORNEY hitch Remolds.Gn Attomcs J� vYC .� Ausnrin Assistant On Auorncr ' + r 11�Z■■ll ' 25 West Main, Auburn WA 98001-4998 Gunner.Prosecutor � �� (206) 931-3030 SJlo- April 11, 1996 Mr Chuck Mize Metropolitan Affairs Director Office of the King County Executive 400 King County Courthouse 516 3rd Avenue, M.X. 4CX Seattle, WA 98104 Re: Agreement for Judicial Services Dear Mr Mize: As appointed and confirmed by the City of Auburn, we are pleased King County District Court Judge James D Cayce has agreed to serve as Auburn's Municipal Court Judge for a period of two years. Enclosed and transmitted for your review and signature by the appropriate officials is the original Interlocal Agreement Between King County and the City of Auburn for district court services. Once the original Agreement has been signed by your agency, please return it to my office at your earliest convenience. Should you have any questions or comments please contact me at 931-3041 Sincerely, Charles A. Booth Mayor e , 1 30(29 19a King County Executive GARY LOCKE c arc/4_,S July 22, 1996 The Honorable Charles A. Booth, Mayor The City of Auburn 25 West Main Street Auburn, Washington 98001-4998 Dear Mayor Booth: I have enclosed for your permanent city records the interlocal agreement between King county and the City for District Court Judge James Cayce to serve as the Auburn Municipal Court Judge for two years. This demonstration project will offer King County the opportunity the evaluate the use of our District Court judges on a part time basis for municipal purposes. This agreement, for the period of January 1, 1996 through December 31 1997 only, will terminate on January 1, 1998 when the city elects its municipal judge. Please do not hesitate to contact me at 296-4068 if you have any questions on this project, and thank you for your assistance. Sincerely, Chuck Mize Director of Metropolitan Affairs cc: The Honorable Darcy Goodman, Presiding District Court Judge Carol Gagnat, Regional Affairs Coordinator, Budget & Strategic Planning LAMAH Wed 02(507.6_ 1612/14#712). e uud/ t 400 ICING COUNTI COURTHOUSE 516 THIRD AVENUE SEATTLE,WA 98104 (206)296-4040 296-0200TDD 296-0194FAX King County is an Equal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act