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Home My WebLink About2012-03 wxErr RECORDED RETURN TO: FEE# 2012047183 Clerk of the Board OFFICIAL RECORDSi:140!*��, OF MOHAVE COUNTY CAROL MEIER, '' COUNTY RECORDER 1moe 09/10/2012 02:05 PM Fee: $0.0 PAGE: 1 of 4 BOARD OF SUPERVISORS RESOLUTION NO. 2012-113 ADOPTING MOHAVE COUNTY ORDINANCE 2012-03 Court Improvement — Probate Fund Ordinance AS APPROVED BY THE MOHAVE COUNTY BOARD OF SUPERVISORS September 6, 2012 RESOLUTION NO.2012-113 A RESOLUTION OF THE MOHAVE COUNTY BOARD OF SUPERVISORS INCREASING THE PROBATE, GUARDIANSHIP AND REAL PROPERTY AFFIDAVIT FILING AND APPEARANCE FEES. WHEREAS,Mohave County Board of Supervisors encourages county departments and the Superior Court of Arizona in Mohave County to pursue alternative revenue in lieu of increasing taxation; and WHEREAS,the residents of Mohave County, county departments,the Superior Court of Arizona in Mohave County and the Mohave County Board of Supervisors directly benefit from the use of alternative sources that support the continued development and enhancement of court services; and WHEREAS,the Attorney General of the State of Arizona has rendered an Opinion, 195-18 (R94-63), Court Fees and Surcharges(December 19, 1995),that authorizes the Mohave County Board of Supervisors to"establish fees and surcharges for court service that the county provides" and A.R.S. §11-251.08 authorizes the Board of Supervisors adopt fee schedules for any specific product and services the county provides to the public, and WHEREAS,maximizing the efficiency of the Superior Court's judicial services provided by the court, directly benefits the residents of Mohave County by supporting the timely and efficient processing of court cases; BE IT RESOLVED,that the Mohave County Board of Supervisors authorizes the increase of Court Improvement—Probate Fund to $80.00 and authorize the Presiding Judge of the Superior Court in Mohave County to set the fee to$80.00 for court improvement. BE IT RESOLVED,that all persons who file any type of Probate or Guardianship/Conservator action or Real Property Affidavit or file any response to Probate, Guardianship/Conservator or Real Property Affidavit on or after November 1, 2012 shall pay the Court Improvement—Probate Fund fee of$80.00.Funds shall be used to supplement, not supplant,the funding level provided in fiscal year 2012—2013. BE IT RESOLVED,that the Clerk of the Superior Court is authorized to collect the Court Improvement— Probate mprovementProbate Fund and transmit all such monies collected to the County Treasurer for deposit in the local Court Improvement—Probate Fund,to be dispersed as follows: $80 to Court Improvement—Probate Fund which will be administered by the Clerk of the Superior Court. The Court Improvement—Probate Fund shall be used to improve,maintain, and enhance the ability of the courts to audit/monitor cases and improve the operation of the courts. ADOPTED by the Mohave County Boar. • Supervisors this 6th day of September, 2012. MOHA 1i BOARD OF SUPERVISORS Tilik . 1 Johnson, Chairman ii ATTEST: di' Zaki-;&� v li,, .f ,�, `;fin i� •f Barbara Bracken, Clerk of r- ' ; 4+�!' " .: �4,: %' 01 IAT .EUS A.``� .<< '/'1,,,,il lll;ti1.,ly;l't�� • MOHAVE COUNTY ORDINANCE NO. 2012-03 COURT IMPROVEMENT—PROBATE FUND ORDINANCE An Ordinance of the Mohave County Board of Supervisors adopted pursuant to A.R.S. §11-251.08, granting authority to adopt schedule of fees for Court Services as provided to the public by the Mohave County Superior Court and authorizing expenditures therefrom. WHEREAS, the services provided by the Mohave County Superior Court are consumed by easily identifiable members of the public, to wit: litigants in Superior Court proceedings; and as matter of public policy, the Mohave County Board of Supervisors favors easing the burden on taxpayers by recovering all or part of the cost of processing cases in the Superior Court from those who cause the expenditure; and, WHEREAS, the Mohave County Board of Supervisors finds that countywide the Superior Court expends substantial monies on the processing of cases, which are not offset by the fees currently collected; NOW THEREFORE, IT IS HEREBY ORDAINED, by the Mohave County Board of Supervisors, as follows: ARTICLE 1 —AUTHORITY AND SCOPE (kw Sec. 1 This ordinance is adopted pursuant to A.R.S. §11-251.05 and A.R.S. §11-251.08 which authorizes the Board of Supervisors to adopt and enforce all ordinances necessary or proper to carry out the duties, responsibilities, and functions of the county government and to adopt the fee schedules for any specific services provided by the county to the public ARTICLE 2—FEES Sec. 2 A fee schedule shall be adopted by the Mohave County Board of Supervisors to cover expenses of the Mohave County Superior Court which will enhance services provided to the litigants by their utilization of the Superior Court within Mohave County. Such fee schedule will be identified as the Court Improvement—Probate Fund Schedule. Sec. 2.1 In addition to all other fees assessed against a litigant filing original filings and answers/responses in Probate Cases, Guardianship Cases and Real Property Affidavits, the Mohave County Clerk of the Superior Court shall assess and collect from each litigant a Court Improvement—Probate Fund. Sec. 2.2 All fees collected pursuant to this Ordinance shall be tendered to the Mohave County Treasurer and deposited into the Court Improvement—Probate Fund. Sec. 2.3 The Mohave County Treasurer shall disburse said fees consisting of $80 into the Court Improvement—Probate Fund. Cor Sec. 2.4 Monies in the Court Improvement — Probate Fund shall be subject to continuing appropriation and shall not lapse. Sec. 2.5 Monies in the Court Improvement—Probate Fund shall be expended only by the Clerk of the Superior Court. ARTICLE 3—PROCEDURES Sec. 3 The signature of the Mohave County Clerk of the Superior Court is necessary in order to expend Court Improvement—Probate Fund monies. ARTICLE 4—EFFECTIVE DATE Sec. 4 This ordinance shall become effective on November 1, 2012. PASSED AND ADOPTED this 6th day of September, 2012, b t e Mohave County Board of Supervisors. ' Buster D. John.o', hairman Attest: r '90101130,6.s, `h c r //slam' L- . Barbara Bracken, Clerk of the :r.1► ;sr - , . ; oy '� ~, ms a .... taki � t°y ,Y n v 1 'i�� * 01 TAT Df US C.