HomeMy WebLinkAbout1986-029 Annual AppropriationsRESOLUTION NO.
A JOINT RESOLUTION OF THE CITIES OF CHUBBUCK AND POCATELLO,
MUNICIPAL CORPORATIONS OF IDAHO, DECLARING THE INTENT OF THE
COUNCILS TO AID IN THE OPERATION OF THE MAGISTRATE DIVISION OF
THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT, STATE OF
IDAHO, BY MAKING A VOLUNTARY ANNUAL APPROPRIATION TO THE COURT
TO DEFRAY OPERATION COSTS; DECLARING THE CITIES' INTENT TO MAKE
A COMBINED ANNUAL PAYMENT OF $50,000.00, BEGINNING FISCAL YEAR
1988-1989.
WHEREAS, in 1981 an issue developed between the Sixth
Judicial District and cities within that District, as to the
distribution of reimbursements ordered paid by defendants as
part of withheld judgments; and
WHEREAS, the Administrative Judge of the Sixth
Judicial District determined at that time that such
reimbursements should not be distributed to cities in the
District as set forth in Idaho Code §19-4705, but rather should
remain in the District Court Fund; and
WHEREAS, that determination caused $53,010.00 in 1981,
$53,698.94 in 1982, $43,611.81 in 1983, and $61,025.50 in 1984,
to not be distributed to Pocatello. Approximately 20% of those
amounts were also not distributed to Chubbuck; and
WHEREAS, in the summer of 1985 a new Administrative
Judge reversed that determination and ordered that such
reimbursements thenceforth be distributed to cities in the
District in accordance with Idaho Code §19-4705; and
WHEREAS, the Administrative Judge then indicated to
the cities of Chubbuck and Pocatello that the new determination
to distribute those monies to the cities, pursuant to law, was
going to detrimentally impact the long-term health of the
District Court Fund; and
WHEREAS, the cities of Chubbuck and Pocatello. in the
spirit of cooperation and intergovernmental assistance, and in
response to the represented need to help sustain the operation
of the Magistrate's Division of the Sixth Judicial District
Court, State of Idaho. which Division directly affects the
lives, safety and fortune of many Chubbuck and Pocatello
citizens, desire to make an annual appropriation to the
District Court; and
WHEREAS, the cities of Chubbuck and Pocatello desire
to help sustain the Court and the Magistrate's Division in the
amount of $50,000.00 annually, in addition to the $41.750.00
already paid annually by the City of Pocatello to the
Magistrates Division; and
WHEREAS, the Sixth Judicial District Court desires to
acknowledge the of loss of revenues to the two cities from 1981
through 1984, by suggesting a delay of this voluntary
$50.000.00 payment until fiscal year 1988-1989;
NOW. ~n~EREFORE, BE IT JOINTLY RESOLVED BY THE MAYOR
AND COUNCIL OF THE CITY OF CHUBBUCK AND THE MAYOR AND COUNCIL
OF THE CITY OF POCATELLO:
1. That the City Council of the City of Chubbuck and
the City Council of the City of Pocatello shall appropriate by
ordinance a total of $50,000.00 to the Sixth Judicial District
Court, State of Idaho, effective October 1, 1988 for fiscal
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year 1988-1989, and each year thereafter.
2. That the appropriation from Pocatello shall be
$35,319.93 and the appropriation from Chubbuck shall be
$14,680.07, reflecting the $41,750.42 already paid annually to
the District Court by Pocatello for two court clerks, and a
mutual desire for Pocatello to bear 84% of the total $91,750.42
in Court payments and for Chubbuck to bear 16% of the total,
based on 1983 population figures of 8,732 for Chubbuck and
46,494 for Pocatello.
3. That these appropriations are voluntary payments
in response to representations by the Administrative Judge of
the Sixth Judicial District that loss of previously withheld
revenue distributions to the two cities will have a long-term
detrimental impact on the District Court Fund, which will in
turn impact the Court's ability to properly serve District
residents, including Chubbuck and Pocatello residents.
4. That these appropriations do not reflect agreement
by Chubbuck or Pocatello that reimbursements ordered paid by
defendants as part of withheld judgments may properly be kept
from distribution to cities as required in Idaho Code §19-4705.
5. That these appropriations do not reflect agreement
that the statutory distribution of fine monies to cities,
embodied in Idaho Code §19-4705, is in any way unfair or
contrary to sound public policy.
6. That these appropriations are made without regard
to any litigation or any outcome of litigation between other
Idaho cities, their counties, and their Judicial Districts,
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over the authority of Judicial Districts to not distribute
withheld judgment reimbursements to cities pursuant to Idaho
Code §19-4705, or over the authority of District Judges to
order cities to provide for Magistrate Divisions under Idaho
Code §1-2218.
?. That these appropriations are voluntary payments
in response to represented fiscal need by the Sixth Judicial
District, made in the spirit of intergovernmental cooperation,
and these payments do not acknowledge authority in the District
Judges of the Sixth Judicial District to order involuntary
payments under Idaho Code §1-2218.
8. That nothing herein shall purport to alter the
apportioning duties of the County Auditor as set forth in Idaho
Code §19-4705(a).
9. That this joint declaration of intent by the
Cities of Chubbuck and Pocatello is made with full recognition
and understanding of the limitations on municipal indebtedness
embodied in Article 8, §3 of the Idaho Constitution.
RESOLVED this /F~ day of ~ , 1986.
,!
CITY OF CHUBBUCK. a municipal
corporation of Idaho
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ATTEST:
RONALD ~: CONLIN. City Clerk
ATTEST:
CITY OF POCATELLO, a municipal
corporation of Idaho
JPETER B. ~cDOUGA~City Clerk
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