HomeMy WebLinkAbout2018-03-19-Resolutions 18-120_Parking Violation Payments - 28E Agr - Dallas CoCITY OF WAUKEE,IOWA RESOLUTION 18-120
DALLAS COUNTY)IOWA RESOLUTION 2018-0039
APPROVING A 28E AGREEMENT AMONG CITY OF WAUKEE,DALLAS
COUNTY,AND DALLAS COUNTY TREASURER WITH RESPECT TO
UNPAID PARKING VIOLATIONS
WHEREAS;pursuant to Iowa Code,a City may issue parking citations and levy fines
thereon,AND,
WHEREAS;Iowa Code section 331.553(8),provides that the Treasurer of a County
may cooperate with a City within the county to affect the registration of vehicles upon
which fines have been levied but remain unpaid,AND,
WHEREAS;the City of Waukee,Iowa,a city within Dallas County,seeks the
cooperation of the Dallas County Treasurer to provide for suspension of registrations for
unpaid parking fines,
BE IT HEREBY RESOLVED that the County of Dallas County with the Dallas County
Treasurer (hereafter referred to as "Treasurer'*)undertake the folio@rin agreement with
the City of Waukee ("Waukee*')to effect the provisions of $$331.553 and 321.40 and
Chapter 28E of the Iowa Code with respect to motor vehicle registration renewal
restrictions regarding the collection of the City of Waukee unpaid parking citations,and
therewith adopt the following:
1.Purpose.The purpose of this agreement is to effect the purposes $$321.40,321.236,
331.553 and 910.1(4)of the Iowa Code relative to )tl502 of the City of Waukee
Municipal Code of Ordinances,to allow the City of Waukee to effectively use the
provisions of the Iowa Code to more fully collect vehicle parking fines.
2.Duration.The duration of this agreement is perpetual until terminated as provided
herein.
3.Organization and Administration of the agreement.The Treasurer shall administer
this agreement.No separate organization or board is formed.
4.Responsibilities.
a.City of Waukee responsibilities.Pursuant to 1'1321.236 of the Iowa Code,the City
of Waukee may regulate the standing or parking of vehicles,and may charge and
collect a fine for violation of such regulation.Therewith,the City of Waukee
shall cause notices as required by $321.236(I)(c)and 312.236(1)d)of the Iowa
Code to be printed upon citations used for such purposes.Waukee may at least
monthly and more frequently if desired by Waukee,certify and provide to
Treasurer a list of all uncontested and unpaid parking fines under )321.40 of the
Iowa Code which remain delinquent and owed to Waukee.This notice is referred
to as a "stop notice."When receiving fines owed upon such "stop notices",
Waukee shall collect an additional $5.00 fee for each "stop notice".Waukee shall
pay such $5.00 fee to the Treasurer for each such "stop notice"released.Once
the fines are paid,Waukee shall provide documentation to the Treasurer that the
"stop notice"with respect to a particular motor vehicle registration is released.
Pursuant to )321.236(1)(e)of the Iowa Code the City of Waukee is responsible
for costs incurred by the Iowa Department of Transportation to accommodate the
collection and dissemination of the delinquent parking ticket information.
b.Dallas County Responsibilities.Treasurer shall,in conjunction with renewal of
motor vehicle registration(s)pursuant to Iowa Code Section 321.40,refuse to
renew the registration upon which Waukee has placed a "stop notice."Treasurer
shall refer all persons who attempt to renew a registration upon which Waukee
has placed a "stop notice*'to the Waukee Police Department to pay those fines.
Upon receipt of documented notice from Waukee that the "stop notice"with
respect to a particular registration has been released,the Treasurer may proceed to
renew the motor vehicle registration(s).Treasurer may use the Iowa Department
of Transportation vehicle registration and titling system to facilitate the purposes
of this agreement.Treasurer shall deposit and account for said fees according to
law.
5.Financial.Waukee shall forward the $5.00 fee for release of each "stop notice"at the
time Waukee documents the release to Treasurer.
6.Termination.Termination may be effected by either party to this agreement with 30
days written notice to the other party.Termination sought by Waukee will effectively
release all "stop notices"certified by Waukee to the Treasurer and shall cause
Waukee to remit to Treasurer the aggregate amount of $5.00 for each "stop notice"so
released.
7.Dispute resolution.This agreement shall not give cause for any action of any kind
between the parties.Should a party be aggrieved as to the operation of this agreement,
the party may attempt to resolve the dispute by giving written notice to the other
party,which notice shall specify the nature of the default alleged and the desired
action to cure the default.Should the dispute not be resolved between the parties,
either party may choose to terminate the agreement as set forth in paragraph 6,above,
or the agreement may continue despite the dispute.
8.Notices.All notices which the parties are authorized or required to give one another,
including but not limited to certification of delinquent parking fines ("stop notices"),
notices of termination of the agreement,shall be in writing and delivered to the
following addresses:
a.Waukee:City of Waukee
Attn:City Administrator
230 W.Hickman Rd.
Waukee,Iowa 50263
b.Treasurer:Dallas County Treasurer
801 Court Street,Room 201
Adel,Iowa 50003
9.If any section,provision or part of this agreement shall be found to be invalid or
unconstitutional such finding shall not affect the validity of the agreement as a whole,
nor shall such finding be held to affect any other section,provision,or part thereof
which is not found to be invalid or unconstitutional.
10.This agreement represents the entire agreement between the parties as to the subject
of this agreement.Any subsequent modification to the terms of this agreement shall
be in the form of a duly executed addendum or amendment to this agreement.
11.Effective date.This agreement is effective on filing and recording upon approval of
the statutory officers of the affected departments and as authorized by the governing
bodies of the respective municipalities.
Said agreement being approved by resolution of the Waukee City Council on the 19th
day of March,2018 upon discussion and vote within a public meeting for which such
topic duly appeared upon the published agenda.
Passed by the City Council of the City of Waukee,Iowa,and approved his the 19th
day of March,2018.
liam F.Peard,yor
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
NAY ABSENT ABSTAIN
X
Said agreement be'g approved by resolution of the Dallas County Board of Supervisors
onthe~dayof ,2018 upon discussion and vote within a public
meeting for which suc opic y appeared upon the published agenda.
NAY
Brad Golightly h Brad Golightly,Chairman
K m E.Chapman,ember Kim E.Chapman,Member
Mark Hanson,Member Mark Hanson,Member
D t dtl '2+d y f~,2018.
ATTEST
J a Helm
las County Auditor
-)P7//
Said agreement being approved by Dallas County Treasurer,Mitch Hambleton,this c
day of Okra 4,2018.
Said agreement filed with the Secretary of State on the day of
and recorded with the County Recorder of Dallas County on the day of
2018.
,2018,
Book:2018 Page:4707 Page 5 of 5