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HomeMy WebLinkAboutResolution 17-050-CC i ; BOARD OF COUNTY COMMISSIONERS ! Grant County,Washington � I A RESOLUTION IMPOSING A SURCHARGE ON ) RESOLUTION NO. 17- d��CC i CIVIL FILING FEES IN DISTRICT COURT AND ) , ON SMALL CLAIMS ACTIONS AND, OTHER ) i MATTERS PROPERLY RELATING THERETO. ) I ) � RECITALS: i 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 necassarily in an adversarial posture and subject to I formalized procedures; and j i 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 j the resolution of disputes in an informal and less adversarial atmosphere; and i I WHEREAS, pursuant to chapter 7.75 RCW, the Board of County Commissioners ; established a DRC after a public hearing on June 24, 2008; and i i 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 � � I WHEREAS, the Columbia Basin Dispute Resolution Center (CBDRC), a group of i 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 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, permitting ' those who require access to the court system a more streamlined process for resolution of disputes; i and � WHEREAS,the BOCC found and determined that Grant County government,the courts and i the public, will all bene�t from funding for a local DRC through the imposition of a surcharge on ! civil�lings in District Coui�t and on small claims actions, ' � RESOLUTION IMPOSING SURGCHARE FOR DISPUTE RESOLUTON CENT�R Page 1 of 2 1 C:\Users\jtmitchell�Documents\Dispute Resolution Surcharge.doc i I i NOW, THEREFORE; BE IT RESOLVED BY T�IE BOARD OF COUNTY COMMISSIONEI2S THAT A SURCHARGE IS IMPOSED ON CIVIL FILINGS IN DISTRICT COURT AND ON SMALL CLAIMS ACTIONS TO AUGUMENT FUNDING FOR GRANT COUNTY DISPUTE ItESOLUTION 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 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 �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 persoii, party or circumstance is held invalid, the remainder of the resolution or tha application of provisions to other persons,parties or circumstance, shall not be affected. Section 4. Effective Date. This ordinance/resolution shall take effect the lst day of July, 2017. A public hearing was held on the above resolution at 2:00 pm on the 12th day of June,2017. NOW THEREFORE, BE IT HEREBX RESOLVED THAT THE GRANT COUNTY COMMISSIONERS pass and adopt this resolution on the 12th day of June, 2017. BOARD OF COUNTY COMIVBSSIONERS G N OLTNT ,, SHINGTON � � Cin y C. Car r, Chair Richard Stevens,Vice Chair �----- •� � Tom Taylor, Member T EST: B ba a . asquez, le k of the oard i RESOLUTION IMPOSING SiTRGCHARE FOR DISPUTE RESOLUTON CENTER Page 2 of 2 C:\Users\jhnitchelADocuments�Dispute Resolation Surcharge.doc