HomeMy WebLinkAboutCouncil Resolutions 1487 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A SECOND AMENDMENT
TO THAT INTERGOVERNMENTAL AGREEMENT WITH JACKSON COUNTY REGARDING
THE JACKSON COUNTY JUSTICE COURT
Recitals:
A. Effective July 1, 2013 the City of Central Point and Jackson County entered into an
intergovernmental agreement providing that the Jackson County Justice Court would
act as the City's Municipal Court and delegating all judicial jurisdiction, authority,
powers, functions and duties of the City of Central Point Municipal Court and
Municipal Judge to the Justice Court, with respect to any citations issued on or after
July 1, 2013.
B. In March 2016, the City and Jackson County entered into a first amendment to the
intergovernmental agreement providing that the Justice Court would also administer,
prosecute and manage those municipal citations issued prior to July 1, 2013, and
providing for terms regarding fines and forfeited bail collected.
C. To enable the City to more effectively manage chronic nuisance properties and repeat
violations of City code or charter, and to be reimbursed for its staff time and
administrative expenses in pursuing such matters, City seeks to reserve authority to
initiate foreclosure actions on judgments resulting from municipal charter and code
violations and to set forth the collection of its costs in such foreclosure actions.
The City of Central Point resolves as follows:
Section 1. The City is authorized to enter into the attached "Amendment No. 2"
amending that intergovernmental agreement between the City of Central Point and
Jackson County for the provision of municipal court services by the Jackson County
Justice Court and the Justice of the Peace."
Section 2. The City Manager is authorized to execute such intergovernmental agreement
on behalf of the City.
Passed by the Council and signed by me in authentication of its passage this a4k day
of , 2017.
Magor Hank Williams
A 0
City Recorder 4
AMENDMENT NO. 2
TO INTERGOVERNMENTAL AGREEMENT
DATED MAY 29, 2013
WITH CITY OF CENTRAL POINT AND JACKSON COUNTY JUSTICE COURT
This AMENDMENT No. 2 to the INTERGOVERNMENTAL AGREEMENT(the
"Contract") dated MAY 29, 2013, by and between Jackson County, a political subdivision of the
State of Oregon, hereinafter called "County," and CITY OF CENTRAL POINT, hereinafter
called"City," is hereby made and entered into.
For consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
agree as follows:
1. The Contract is hereby amended as follow:
a. Paragraph 1.0 on Page 1 which reads:
1.0 The Jackson County Justice Court and the Justice of the Peace thereof shall
provide judicial services to City, and shall exercise all judicial jurisdiction,
authority, powers, functions, and duties of the Municipal Court of the City and
the Judges thereof with respect to all or any noncriminal-violations of the
charter ordinances of the city, and violation offenses as defined by ORS
153.008 arising under the Oregon Vehicle Code (Oregon Revised Statutes
Title 59) and the laws of the State of Oregon.
Shall be deleted and replaced with the following:
1.0 The Jackson County Justice Court and the Justice of the Peace thereof shall
provide judicial services to City, and shall exercise all judicial jurisdiction,
authority, powers, functions, and duties of the Municipal Court of the City and
the Judges thereof with respect to all or any noncriminal-violations of the
charter ordinances of the city, and violation offenses as defined by ORS
153.008 arising under the Oregon Vehicle Code (Oregon Revised Statutes
Title 59) and the laws of the State of Oregon. For all noncriminal-violations of
the charter ordinances of the city prosecuted pursuant to this agreement,the
City shall be named as the plaintiff and as the judgment creditor on any
resulting judgments which impose fines or other monetary relief. The City
shall retain authority to record a lien in the City lien docket under judgments
docketed in the Justice Court pursuant to this agreement where the City is
listed as plaintiff or judgment creditor and may foreclose on such liens as
deemed necessary or desirable by the City.
b. Paragraph 3.0 on Page 2 which reads:
3.0 The City shall receive one half(1/2)of all fines and forfeited bail collected,
after assessments, on convictions and judgments entered in the Justice Court
AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT DATED MAY 29,2013
WITH CITY OF CENTRAL POINT—Page 1
arising from a City Charter or Ordinance violation or any violation offense
cited into the Justice Court by a City officer for an act committed within the
City of Central Point city limits; the County shall receive the other one half
(1/2)of all fines and forfeited bail collected, after assessments, on such
convictions and judgments. The Justice Court shall retain any collected court
imposed costs or fees on all such judgments. The Justice Court shall provide a
monthly accounting to the City for all sums collected on judgments for
offenses cited by City Officers. Notwithstanding any other provision in this
Agreement, when the principal amount of a judgment has already been paid
but there is additional unpaid interest, (a) the city shall receive three quarters
(3/4) of all remaining interest collected, and (b)the County shall receive the
other one quarter(1/4) of all remaining interest collected.
Shall be deleted and replaced with the following:
3.0 Except as provided in Section 3.1 below, the City shall receive one half(1/2)
of all fines and forfeited bail collected, after assessments, on convictions and
judgments entered in the Justice Court arising from a City Charter or
Ordinance violation or any violation offense cited into the Justice Court by a
City officer for an act committed within the City of Central Point city limits;
the County shall receive the other one half(1/2) of all fines and forfeited bail
collected, after assessments, on such convictions and judgments. The Justice
Court shall retain any collected court imposed costs or fees on all such
judgments. The Justice Court shall provide a monthly accounting to the City
for all sums collected on judgments for offenses cited by City Officers.
Notwithstanding any other provision in this Agreement, when the principal
amount of a judgment has already been paid but there is additional unpaid
interest, (a)the city shall receive three quarters(3/4) of all remaining interest
collected, and (b)the County shall receive the other one quarter (1/4)of all
remaining interest collected.
c. After Paragraph 3.0 on Page 2, Paragraph 3.1 shall be added and read as
follows:
3.1 Notwithstanding the provisions of Section 3.0 above, should the City
foreclose upon a judgment docketed in the Justice Court for noncriminal-
violations of the charter ordinances of the City, the City shall be entitled to
reimbursement for all its expenses incurred as a result of the foreclosure
action including but not limited to recording costs, publication costs, legal
fees and administrative fees. The City shall retain its costs and expenses
resulting from foreclosure, and shall distribute the remaining funds collected
to the Justice Court to be distributed as provided in Section 3.0 herein. The
City shall account to the Justice Court for all sums collected on foreclosure of
judgments for offenses cited by City Officers.
AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT DATED MAY 29, 2013
WITH CITY OF CENTRAL POINT—Page 2
2. Except as expressly modified by this Amendment, and all prior Amendments, if any, all
terms and conditions of the Contract remain in fill force and effect.
3. This Amendment is effective the date on which this Amendment is fully executed by the
parties and fully approved as required by applicable statutes and rules.
CITY OF CENTRAL POINT
(CITY)
DATED: a_, Igll1
Hank Williams, Mayor
DATED:
Chris Clayton, City Manager
JACKSON COUNTY(COUNTY)
DATED:
Danny Jordan, County Administrator
Approved as to legal sufficiency:
DATED:
Jackson County Counsel
AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT DATED MAY 29, 2013
WITH CITY OF CENTRAL POINT—Page 3