HomeMy WebLinkAbout1989-007 Withdraw From Resolution 1986-29 City of Chubbuck, Idaho
Resolution No. 7-89
A RESOLUTION OF THE CITY OF CHUBBUCK, IDAHO WITHDRAWING FROM
RESOLUTION NO. 1986-29 BEING A JOINT RESOLUTION OF THE CITY OF
CHUBBUCK AND THE CITY OF POCATELLO TO AID IN THE OPERATION OF THE
MAGISTRATE DIVISION OF THE DISTRICT COURT OF THE SIXTH JUDICIAL
DISTRICT.
RECITALS
A. On September 8, 1986, the City of Chubbuck entered into
Resolution No. 1986-29, being a joint resolution between the City
of Pocatello and the City of Chubbuck whereby each agreed to
voluntarily make contributions to support the Magistrate Court
Division of the Sixth Judicial District.
B. Said Resolution was passed after discussions between
the Cities of Pocatello and Chubbuck and the Administrative Judge
for the Sixth Judicial District in an attempt to avoid litigation
over past funding of the Magistrate Court Division.
C. Specifically prior Administrative J~udges of the Sixth
Judicial District had, beginning in 1981, withheld and diverted a
portion of withheld judgment monies to the district court fund
rather than disbursing those funds to the cities upon the
allocation formula contained in Idaho Code Section 19-4705 and
Rule 33(d) of the Idaho Criminal Rules.
City of Chubbuck, Idaho
Resolution No. 7-89, Page 1
chbbck08.292
D. The amount withheld from Chubbuck from 1981 through and
including 1984 approximated $42,268.00.
E. As set forth in the recitals of the joint resolution
and in paragraph 7 of the joint resolution, it was represented to
the City of Chubbuck that the district court had insufficient
financial resources to fund and operate the magistrate court
system.
F. The City of Chubbuck was not aware at the time of
entering into the joint resolution that the county had the
authority under Idaho Code Section 31-867 to levy up to two mills
(now .04% of market value as amended by the 1989 legislature)
"for the purpose of providing for the functions of the district
court and the magistrate division of the district court within
the county."
G. The city now is aware of said statute and further is
aware of the opinion by certain officials within the Idaho
Judicial System that the levy for the district court fund can be
levied outside of the 1% initiative.
H. The City of Chubbuck, pursuant to the joint resolution
1986-29, voluntarily contributed $14,680.07 to the district court
fund for the fiscal year 1988-89.
I. The city for the past few years has received
approximately $30,000.00 or less from the court under the fine
distribution allocation as set forth in Idaho Code Section 19-
4705.
City of Chubbuck, Idaho
Resolution No. 7-89, Page 2
chbbck08.292
J. With the payment outlined in the Joint Resolution and
after paying the costs of the Chubbuck City Prosecutor to
prosecute Chubbuck misdemeanor violations, the City of Chubbuck
is paying out more than it is receiving in fine allocations.
K. The city has offered the Administrative Judge of the
Sixth District Court the use of its city council chamber during
normal business hours for use as a courtroom to alleviate any
shortage of courtrooms or overcrowding of courtrooms that may
exist at the Bannock County Courthouse. This offer has been
declined.
L. The present city council is a different city council
than that which passed Joint Resolution 1986-29 and this council,
pursuant to Idaho law, is not bound by the acts of the prior
council.
M. The city council believes the district court fund can
be adequately funded by using the levy set forth in Idaho Code
Section 31-867, and does not need the voluntary contribution from
Chubbuck.
N. Chubbuck has offered to voluntarily pay $7,500.00 to
the district court fund for fiscal 1989-1990 upon the express
condition that no further monies would be requested, required or
assessed against Chubbuck by either the Sixth Judicial District
or the county; however said $7,500.00 offer has been rejected.
NOW THEREFORE, be it resolved by the City Council of the
City of Chubbuck, Idaho as follows:
City of Chubbuck, Idaho
Resolution No. 7-89, Page 3
chbbck08.292
1. No further voluntary pa~ents shall be made by the City
of Chubbuck to the district court fund of the Sixth Judicial
District.
2. Effective immediately, Chubbuck does hereby withdraw
from any further participation in Joint Resolution 1986-29, said
withdrawal being for the reasons enumerated above.
3. The Mayor is authorized to make a payment for fiscal
1989-90 of up to $7,500.00 to ~e district court fund if the
Mayor believes said payment is in the best interest of the city
of Chubbuck and further if a complete release is obtained from
the Sixth District Court, Bannock County and/or the City of
Pocatello with respect to any further payments that may be
assessed in the future against the City of Chubbuck.
4. Further the Mayor is authorized to make arrangements
with the Sixth Judicial District for use of the Chubbuck Council
Chambers as a courtroom if the county court system so desires.
PASSED MD APPROVED BY THE ~YOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, THIS 26TH. DAY OF SEPTEMBER , 1989.
ATTEST:
CLERK
City of Chubbuck, Idaho
Resolution No. 7-89, Page 4
chbbck08.292