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HomeMy WebLinkAboutResolution 08-055-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington A RESOLUTION IMPOSING A SURCHARGE ON ) RESOLUTION NO, 08- O S'S -CC CIVIL FILING FEES IN DISTRICT COURT AND ) ORDINANCE NO. 08- n S� -CC ON SMALL CLAIMS ACTIONS AND, OTHER ) MATTERS PROPERLY RELATING THERETO. ) RECITALS: WHEI2EAS, Grant County, Washington (County), is a Class 3 county, duly organized and operated under the Constitution and laws of the State of Washington; and WHEREAS, the Legislature found resolution of many disputes can be costly and complex in a judicial setting where the parties involved are necassarily in an adversarial posture and subject to formalized procedures; and WHEREAS, the Legislature found alternate dispute resolution centers (DRC) can meet the needs of Washington's citizens by providing forums 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-profit organization exclusively for the resolution of disputes through mediation and other taslcs 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 filing fees in District Court and small claims actions to augment funding of a DRC; and WHEREAS, the BOCC found and determined a DRC will relieve congested and overly taxed court systems, saving taxpayers the unnecessary expenditure of public funds and, pernzitting 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, NOW, THEREFORE: RESOLUTION IMPOSING SURGCHARE FOR DISPUTE RESOLUTON CENTGR Page 1 of 2 Y;\Civil 8\M•R�Resolutions�2008�Dispute Resolution Surcharge.doo BE IT RESOLVED AND ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS THAT A SURCHARGE IS IMPOSED ON CIVIL FILINGS IN DISTRICT COURT AND ON SMALL CLAIMS ACTIONS TO AUGUMENT 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 Five and No/100 Dollars ($5.00) on each civil filing fee in District Court and Five and No/100 Dollars ($5.00) 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 filing fees in District Coui�t and small claims actions, Section 2. Surcharge Use. Proceeds frorn this surcharge shall be collected by the District Court Clerlc'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 ordinance/resolution, or its application to aziy person, party or circumstance is held invalid, the remainder of the ordinance/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 ��ay of �ili � , 2008. � A public hearing was held on the �bove ordinance/resolution at 11:30 am on the 8t�' day of July, 2008. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS pass and adopt this ordinance/resolution on the 8th day of July, 2008. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON Ric ard B. Stevens, Chair C�' C7 O �( ❑ W � ATTEST: � arbara J, Vasq ,� f the Board PUBLISHED: 06/11/08; 06/18/08 � ❑ � Cindy C, artar, Vice Chair ❑ �� ` ' 1 1 LeRoy C. Allison,lVlem R�SOLUTION IMPOSING SURGCHARL POR DISPUTE RESOLUTON CENTER Page 2 of 2 Y;\Civil 8\M-R\Resolutions\2008\Dispute Resolution Surch¢rge.doc