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HomeMy WebLinkAboutIGA - Jackson County Justice of the Peace Amendments 1 and 2INTERGOVERNMENTAL AGREEMENT Order No. This Intergovernmental Agreement made and entered into in duplicate original as of the later of the dates entered below, by and between the CITY OF CENTRAL POINT, a Municipal corporation, organized and existing under the laws of the State of Oregon, hereinafter called "City" and JACKSON COUNTY, a political subdivision of the State of Oregon, hereinafter called "County" regarding the JUSTICE OF THE PEACE DISTRICT FOR JACKSON COUNTY, hereinafter called "Justice Court." RECITALS Whereas, The State of Oregon has declared it to be a matter of statewide concern to promote intergovernmental cooperation for the purposes of furthering economy and efficiency in local government, and Oregon Statutes grant general authority for intergovernmental agreements by units of local government pursuant to the provisions of ORS 190.010 et seq, and Any city may enter into an agreement pursuant to ORS 51.035, 51.037 and 190.010 with a county in which a justice of the peace district is located for the provisions of judicial services. A justice of the peace providing services to a city pursuant to such an agreement shall have 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 violations of the charter or ordinance of the city, and The City of Central Point is wholly within the boundaries of Jackson County and wholly within the boundaries of the Jackson County Justice of the Peace District, and City and County have deemed it to be to their mutual advantage and to be in the best interest of their respective constituencies to enter into this Intergovernmental Agreement for the purpose of allowing the Justice of the Peace of the Jackson County Justice of the Peace District, hereinafter called "Justice of the Peace," to provide judicial services to the City. NOW, THEREFORE, in consideration of the recitals above and the mutual covenants, terms and provisions set forth below, the parties agree as follows: 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 or 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. 2.0 Except as otherwise provided in this Agreement, the County shall provide all necessary court personnel, equipment and supplies and pay all expenses incurred in connection with Justice Court and Municipal Court operations. 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 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. 4.0 Both parties to this Agreement understand that responsibility for prosecuting all City Charter and Ordinance violations shall be with the City of Central Point. All violation offenses cited by City Officers shall be cited into the Jackson County Justice Court, who shall be responsible to appear in the Justice Court for any trials of such matters as scheduled by the Justice Court. Trials shall take place at the Jackson County Justice Court or other location specified by the Justice Court. No prosecutions for crimes as defined in ORS 161.515 or an offense arising from the Charter or ordinance of the City that is punishable by a term of incarceration shall be initiated in the Justice Court. 5.0 This Agreement shall continue in effect during the term of office of the Justice of the Peace holding office on the effective date hereof, and any successive term of said Justice of the Peace, or until terminated by either party as provided in paragraph six. 6.0 County may terminate this Agreement, effective upon delivery of written 60 days' notice to City: 1) if funding from operations, state legislative changes, or other sources is not continued at levels sufficient to allow for the performance of the Agreement or 2) if state law, regulations or guidelines are modified, changed, or interpreted such that performance by the County is longer practicable or appropriate. Each party to this Agreement reserves the right to terminate this Agreement at the end of any fiscal year by giving the other party written notice by April V of the year in which the Agreement is to terminate. Each party covenants to exercise this right only upon good and substantial cause, and to confer with the other party before exercise of this right. The reason for this covenant is that the City and County, respectively, are local governmental units bound by local budget laws; each is required, at a minimum, to plan service in advance on a fiscal year basis. This Agreement is subject to the requirements of Article Xl, Section 10 of the Oregon Constitution. 7.0 Each party agrees to indemnify and hold harmless the other from liability arising from the acts or omissions of the elected officials, officers, employees or agents of the party. 8.0 This Agreement shall be liberally construed to affect the purposes expressed herein. 9.0 This Agreement is effective when is has been executed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate on the dates set forth below. CITY OF CENTRAL POINT, A Municipal Corporation (CITY) Hank Williams, Mayor (date) Chris Clayton, City Manager (date) JACKSON COUNTY (COUNTY) i I l P�r�ny Jordan, my Administrator a el i APPROVED AS TO LEGAL SUFFICIENCY: Rick Whitlo Ja County Legal Counsel Ap roved as to Legal Sufficiency: eresa Campbell Sr. Assistant County Counsel BEFORE THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, COUNTY OF JACKSON IN THE MATTER OF AUTHORIZING THE ORDER NO. 13 COUNTY ADMINISTRATOR TO EXECUTE ) AN INTERGOVERNMENTAL AGREE- ) MENT WITH THE CITY OF CENTRAL ) POINT 1 WHEREAS, the City of Central Point (City) currently utilizes the judicial services of the Jackson County Justice Court for the prosecution of various violations of state and local laws; and WHEREAS, the City desires to reduce overhead costs related to its Municipal Court operations while maintaining the enforcement of violations of state law, City Charter violations, and City ordinance violations, in an efficient and cost effective manner by entering into an Agreement with Jackson County for the Jackson County Justice of the Peace District (Justice Court) to provide judicial services to the City; and WHEREAS, the Agreement will allow the Justice Court to provide judicial services to the City and exercise all judicial jurisdiction, authority, powers, functions, and duties of the City's Municipal Court with respect to noncriminal violations of the City's Charter and ordinances, violations of offenses defined in Oregon Revised Statute (ORS) 153.008 arising under the Oregon Vehicle Code, and the laws of the State of Oregon; and WHEREAS, the City shall be responsible for prosecuting all City Charter and City ordinance violations filed with the Justice Court, and WHEREAS, the term of the Agreement is upon final signature, through the current term of the Jackson County Justice of the Peace, and renews for successive six-year terms concurrent with the terms of the Jackson County Justice of the Peace. Now, therefore, The Board of County Commissioners of Jackson County ORDERS: ORDER - Page 1 of 2 I . The County Administrator is hereby authorized to execute, amend and terminate an Intergovernmental Agreement with City of Central Point. 2. The County Administrator is hereby further authorized to execute any and all future amendments, addendums, contracts, agreements or termination agreements of any kind related to this matter. DATED this 19th day of June, 2013, at Medford, Oregon. JACKSON COUNTY BOARD OF COMMISSIONERS IN i.VaC%Or ,.rJVSTICE_Cky_of Ce IVo1n11GA.0 ORDER - Page 2 of 2 JACKSON COUNTY oregon CITY OF CENTRAL POINT Intergovernmental Agreement Central Point Municipal Court ($50,000/Annual Revenue) Honorable Members of the Board of Commissioners: Item No. ILIO • VS Board Letter No. i ) 716 Agenda: June 19, 2013 As an item for the agenda for the Board meeting of June 19, 2013, attached is an Order authorizing the County Administrator to execute an Intergovernmental Agreement with the City of Central Point. The Agreement has been approved by County Counsel and is on file in the County Administrator's Office. Synopsis and Benefit to Jackson County Currently, the City of Central Point (City) files citations with the Jackson County Justice of the Peace District (Justice Court) involving: (1) minors in possession of alcohol; (2) possession of less than an ounce of marijuana, and (3) traffic citations issued outside of City limits. The City's long-term Municipal Court Clerk is retiring at the end of the year, and the City desires to reduce overhead costs related to Municipal Court operations while maintaining enforcement of violations of State law, the City's Charter, and ordinances in an efficient and cost-effective manner. The Agreement will allow the Justice Court to provide judicial services to the City and exercise all judicial jurisdiction, authority, powers, functions, and duties of the City's Municipal Court with respect to non -criminal violations of the City's Charter and ordinances, violations of offenses defined in Oregon Revised Statute (ORS) 153.008 arising under the Oregon Vehicle Code, and the laws of the State of Oregon. However, no prosecution for crimes defined in ORS 161.515, or an offense arising from the violation of the City's Charter or ordinances that are punishable by a term of incarceration, shall be initiated in the Justice Court by the City. The City shall be responsible for prosecuting all City Charter and City ordinance violations filed with the Justice Court. Benefit to Citizens of Jackson County The citizens of Jackson County will benefit from the efficient administration of judicial services and enforcement of State and local laws in one location; by the elimination of duplication of such services, and from cooperation between Jackson County and the City of Central Point. Financial Impact The Agreement is expected to generate approximately $50,000 in fine revenues per year, based on past citation volume. The City and Jackson County shall each receive fifty percent 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 ORS Chapter 153 Board of Commissioners June 19, 2013 Page 2 of 2 violation offense cited into the Justice Court by a City officer for an act committed within the City limits. The term of the Agreement is upon execution through the current term of the Jackson County Justice of the Peace and renews for successive six-year terms concurrent with the terms of the Jackson County Justice of the Peace. Recommendation The Justice Court Judge recommends approval of the attached Order. The County Administrator concurs with the recommendation of the Justice Court Judge. Should the Board of Commissioners concur with their recommendations, approval of the attached Order will implement that action. Respectfully submitted, Danny Jordan County Administrator IV4.WB C%6U.I.UUSTCE CVW&LPOM_IGAG J AMENDMENT NO. i TO INTERGOVERNMENTAL AGREEMENT DATED MAY 299 2013 WITH CITY OF CENTRAL POINT This AMENDMENT No. 1 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 follows: Page 1 of 2 a. 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 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. Shall be deleted in its entirety and replaced with the following: 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 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. 2. Except as expressly modified by this Amendment, and all prior Amendments, if any, all tenors and conditions of the Contract remain in full 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 Hiles. CITY OF CENTRAL POINT: JACKSON COUNTY: U Date Danny Jordan Date Title: eZW4 IVAMge/' County Administrator Belt Bsieaa� Sr Assle t CavW Comu1 Page 2 of 2 AMENDMENT NO.2 U2 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 full 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: q I l -I Hank Williams, Mayor ' 64,-j /�� DATED: Chris Clayton, City Mfinig;4 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