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HomeMy WebLinkAbout2025 INTERLOCAL AGREEMENT INDEPENDENCE COUNTY/CITY OF BATESVILLE INTERLOCAL AGREEMENT THIS AGREEMENT is made pursuant to Act 430 of 1967, Act 742 of the 1977, and Act 663 of 2007 Section 35(e), Acts of Arkansas, by and between the County of Independence, Arkansas, (hereinafter referred to as the"County"), and the City of Batesville, Arkansas (hereinafter referred to as "Batesville"or"City"), WITNESSETH: (I) WHEREAS, the County, Batesville recognizes a need for a district court to operate within the County and the City, for the administration of justice and for the good of the general public; and (II) WHEREAS,the County, and Batesville can share their financial resources to provide for the district court; and (III) WHEREAS,the County and Batesville wish to maximize the benefits the citizens derive from having a sufficiently funded and operated district court, and to comply with the mandate of Article 12, Sec. 4 (previously Amendment 10) of the Constitution of the State of Arkansas, and (IV) WHEREAS,there is a need to provide for the funding and operation of a district court for the County and Batesville. (V) WHEREAS,the County and Batesville are desirous of establishing an Agreement whereby the County and Batesville would agree to divide the expense of District Court as well as the distribution of fines and court costs collected; (VI) WHEREAS,the City and the County are authorized to enter into this agreement pursuant to Ark. Code Ann. §§ 25-20-101, et seq., 16-17-115(e), 16-17- 707(a)(3)(D), and 16-17-1203(a); and (VII) WHEREAS, acting completely in good faith and increasing the welfare for all citizens effected hereby: That for in consideration of the above premises, and for the mutual obligations hereby created, and the mutual benefits so derived, the parties agree as follows: A. The term of this agreement will take effect on �sT day of J UN[-, , 2025 and will continue in effect until termination by either party; B. Either party may terminate this agreement; C. The method for termination of this agreement shall require six(6)months written Notification; D. The County and Batesville shall split the expenses of district court as follows: 1. The County shall pay for fifty percent(50%)of the expenses of operating Independence County District Court; 2. The City shall pay for fifty percent(50%) of the expenses of operating the Independence County District Court. 3. That the annual budget of the Independence County District Court shall be approved by the Independence County Quorum Court. Prior to said approval,the Batesville City Council shall be given the opportunity to review the proposed budget and shall provide the Quorum Court with any recommendations. 4. That the Independence County District Court operating expenses shall not include the following: a. Any portion of the District Court Judge's salary or benefits; b. While the City understands that one probation officer's salary and benefits is currently part of the District Court's budget and operating expenses,the remaining probation officers' and/or DWI Court officers' salaries and benefits are compensated through other sources and budgeted elsewhere by the County and shall not be included in the proposed budget; and/or c. Rents for the currently occupied District Court building. E. In consideration for contributing to the operating expenses of the District Court, Batesville shall receive all funds from the First Class of accounting records for District Court Fines and Fees Collected per Arkansas Code Annotated 16-17-707(a)(1) specifically defined as: "The first class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of the town or city ordinances and all cases which are misdemeanors or violations under state law or traffic offenses which are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of the town or city where the court sits, where the arresting officer or ticketing officer was a police officer or other officer of the town or city, a Division of Arkansas State Police officer or other certified law enforcement officer of the state, or an officer of a private or public college or university located within the corporate limits of the town or city where the court sits. After deducting the fees due the police department and marshal's office and sheriffs office, the district court shall pay into the town or city treasury all sums collected from the first class of accounting records per Arkansas Code Annotated 16-17-707(b)(1)(A). That all sums collected from the third class of accounting records collected in District Court in all civil and small claims cases shall be remitted per Arkansas Code Annotated 16-17-707(a)(3)(A-C). And as allowed under Arkansas Code Annotated 16-17- 707(a)(3)(D),the City of Batesville and Independence County agree to equally divide all other fees and interest earned on the Court account F. Each party shall bear its respective costs for prosecuting attorneys. G. That Independence County and Batesville agree to divide up their respective share of the District Court Judge's annual salary due under state law between itself and Izard County, Fulton County, and their respective municipalities which house district courts based on pro rata population basis due annually from each political subdivision to be paid to the State of Arkansas. H. This agreement shall be enforced according to the laws of the State of Arkansas. IN WITNESS HERETO, Independence County, Arkansas, and the City of Batesville, Arkansas executed this agreement by their duly elected officer who are authorized to represent the respective Parties hereto in assuring that the right and obligations set forth herein this day of M92025. INDEPENDENCE COUNTY ARKANSAS ATTEST: BY: ountyCIe County Judge CITY OF BATESVILLE,ARKANSAS ATTE BY: r0l�yClerk Mayor of Ba e • •.,-5� ,, ORDINANCE NO.2025-05-01 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE,ARKANSAS TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN INDEPENDENCE COUNTY, ARKANSAS AND THE CITY OF BATESVILLE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS,the City Council of the City of Batesville, Arkansas and the Independence County Quorum Court wish to enter into an agreement for cost sharing for the Independence County District Court; and, WHEREAS,that said agreement addresses matters of funding,as well as fines and costs distribution at District Court; and WHEREAS, after long and careful consideration the City Council has determined that it is in the best interests of the City, its citizens and their welfare, that this agreement be executed and put into effect. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk of the City of Batesville, Arkansas are hereby authorized and directed to execute and implement an Interlocal Agreement by and between Independence County, Arkansas and the City of Batesville, Arkansas addressing Independence County District Court funding as well as distributions fines and fees generated therein. That a copy of said Interlocal Agreement is attached hereto and made apart hereof as though set out herein word for word. Section 2. The City Council hereby directs the Mayor of the City of Batesville to fulfill the conditions of this Interlocal Agreement, including, if so desired by the Mayor, the establishment of a board to effectuate this agreement and coordinate the efforts for carrying out this agreement, make the necessary expenditures and take all other steps necessary for the fulfillment of the City's obligations under this Agreement. Section 3. All ordinances or parts of ordinances in conflict herein are hereby repealed. EMERGENCY CLAUSE: That the proper funding of District Court is necessary for the effectual administration of justice,therefore the need for this Ordinance to be effective is immediate; and that the Interlocal Agreement is in the best interest of the City and its citizens. Therefore,an emergency is hereby declared to exits and this ordinance shall be in full force and effect from and after the date of its passage in order to preserve the public peace, health,and safety,as well as to protect the city economically. PASSED AND APPROVED this 201"day of May,2025, Honorab Rick Elumb yor Jessica Davis, 6N Clerk