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HomeMy WebLinkAboutResolution 17-068-CC f BOARD OF COUNTY COMMISSIONERS Grant County,Washington A RESOLUTION IMPOSING A SURCHARGE ON ) RESOLUTION NO. 17- ���-CC CIVIL FILINGS FEES IN DISTRICT COURT AND ) SMALL CLAIMS ACTIONS,AND OTHER ) MATTERS PROPERLY RELATING THERETO. ) ) RECITALS: WHEREAS, Grant County, Washington (County), is duly organized and operating under the Constitution and laws of the State of Washington; and WI3EREAS,the Legislature found resolution of many disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversarial posture and subject to formalized procedures; and WH�REAS, the Legislature found alternate dispute resolution centers (DRC) can meet the needs of Washington's citizens by providing fbrums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere; and WHEREAS, pursuant to chapter 7.75 RCW, the Board of County Commissioners established a DRC after a public hearing on June 24,2008; and � WHEREAS, chapter 7.75 RCW empowers county commissioners, as the legislative authority of counties, to impose a surcharge on civil filing fees in District Court and small claims actions, to augment funding of a DRC; and WHEREAS, the Columbia Basin Dispute Resolution Center (CBDRC), a group of volunteers organized as a non-pro�t organization exclusively for the resolution of disputes through mediation and other tasks authorized pursuant to chapter 7.75 RCW, submitted its OP to the Board of County Commissioners(BOCC); and WHEREAS, the cumulative costs to the court system to process legal disputes which could otherwise be resolved pursuant to an alternative dispute resolution process can be a burden on government; and WHEREAS, the BOCC found and determined that it is the best interest of the citizens of Grant County to impose a surcharge on civil filings fees in District Court and small claims actions to augment funding of a DRC; and ° WHEREAS, the BOCC found aud determined a DRC will relieve congested asid overly taxed court systems, saving taxpayers the unnecessary expenditure of public funds and, permitting those who require access to the court system a more streamlined process for resolution of disputes; and WHEREAS, the BOCC found and determined that Grant County government,the courts and the public, will all benefit from funding for a local DRC through the imposition of a surcharge on civil filings in District Court and on small claims actions. R�SOLUTION IMPOSING SURGCHARE FOR DISPUT�RESOLUTON CENTER Page 1 of 2 N;\Civil 8\DEPARTMENTS�Resolutions\2017\Civil Filings in DC and 5mnll Claims Actions Surcharge.docActio�is Surchnrge h' NOW, THEREFOItE: BE IT RESOI,VED BY THE BOARD OF COUNTY COMMISSIONERS THAT A SURCHARGE IS IMPOSED ON CIVIL FILINGS IN DISTRICT COURT AND ON SMALL CLAIMS ACTIOI�TS TO AUGMENT FUNDING FOR GRANT COUNTY DISPUTE RESOLUTION CENTERS ESTABLISHED PURSUANT TO CHAPTER 7.75 RCW. Section 1. Surcharge Rate. There shall be placed a surcharge of Ten and No/100 Dollars ($10.00)on each civil filing fee in District Coui�t and Ten and No/100 Dollars ($10.00) on each small claims action, for the purpose of funding DRCs established in Grant County pursuant to chapter 7,75 RCW. This surcharge shall be in addition to any existing surcharge(s) currently in place on civil �ling fees in District Court and small claims actions, � Section 2. Surcharge Use. Proceeds from this surcharge shall be collected by the District Court Clerk's Office and remitted to the Treasurer for deposit into a separate account to be used solely for DRCs established pursuant to, and to carry out the purposes of, chapter 7.75 RCW. , Section 3. Severability. If any provision of this resolution, or its application to any person, party or circumstance is held invalid, the remainder of the resolution or the application of provisions to other persons, parties or circumstance, shall not be affected. Section 4. Effective Date. This ordinance/resolution shall talce effect the lst day of September, 2017. A public hearing was held on the above ordinance/resolution at 1:30 pm on the 7th day of Au�ust,2017. NOW THEREFORE, BE IT HEI2EBY RESOLVED T�IAT THE GRANT COUNTY COMMISSIONERS pass and adopt this resolution on the 7th day of August,2017. BOARD OF COUNTY COMMISSIONERS � T COUN Y, ASHINGTON Cin y Cai r, Chair � ----�----.__.. Ri ard Stevens, Vice Chair � � — Tom Taylor,Me ber t�TTES : � J ar ara J. Vasq ez�lerk the Board � RESOLUTION IMPOSING SURGCHARE FOR DISPUTE RESOLUTON CENTER Page 2 of 2 N:\Civil 8�DEPARTMENTS\Resolutions\2017�Civil Pilings iu DC and Small Claims Actions Surcherge.docActions Sivcharge