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HomeMy WebLinkAbout2018-03-19-J12 28E Agr_Parking Fine CollectionAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 19, 2018 AGENDA ITEM:Consideration of approval of a resolution approving a 28E Agreement among the City of Waukee, Dallas County, and Dallas County Treasurer with respect to unpaid parking violations FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Currently the Waukee Police Department doesn’t have a procedure for collecting unpaid parking tickets. Department staff recommends implementing a collection procedure that attaches a lien onto vehicle registrations. When registering a vehicle, the Department of Transportation will advise the owner of the lien from an unpaid parking ticket(s). After the fine is paid, the Waukee Police Department will fax a release to the Department of Transportation so the vehicle can immediately be registered. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The City Attorney has reviewed the agreement and finds it satisfactory. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY:Police Lt. Scott Cunningham REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J12 THE CITY OF WAUKEE, IOWA RESOLUTION 18- 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 following 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 §§502 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 §321.236 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(1)(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 this the 19th day of March, 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon Said agreement being approved by resolution of the Dallas County Board of Supervisors on the ___ day of , 2018 upon discussion and vote within a public meeting for which such topic duly appeared upon the published agenda. AYE NAY _______________________________ _______________________________ Mark Hanson, Chairman Mark Hanson, Chairman ________________________________ _______________________________ Kim E. Chapman, Member Kim E. Chapman, Member ________________________________ _______________________________ Brad Golightly, Member Brad Golightly, Member Dated this day of , 2018. ATTEST: ___________________________ Julia Helm Dallas County Auditor Said agreement being approved by Dallas County Treasurer, Mitch Hambleton, this day of , 2018. ________________________________ Said agreement filed with the Secretary of State on the day of , 2018, and recorded with the County Recorder of Dallas County on the day of , 2018.