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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 RESOLUTION - 2 - 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, RESOLUTION - 3 - 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 RESOLUTION - 4 - ATTEST: RONALD ~: CONLIN. City Clerk ATTEST: CITY OF POCATELLO, a municipal corporation of Idaho JPETER B. ~cDOUGA~City Clerk RESOLUTION - 5 -