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Res 1114B - Forfeiture Counsel COUNCIL BILL NO. 1382 RESOLUTION NO. 1114 ~ {) A RESOLUTION DESIGNATING N. ROBERT SHIELDS FORFEITURE COUNSEL AND AUTHORIZING AN AGREEMENT WITH N. ROBERT SHIELDS AND THE MARION COUNTY DISTRICT ATTORNEY. WHEREAS, 1989 Oregon Laws, Chapter 791 authorizes the City of Woodburn to institute civil forfeiture proceedings to legally confiscate property seized as a result of certain illegal activities; and WHEREAS, the Marion County legal counsel's office, which was designated as "forfeiture counsel" pursuant to resolution 980, has stated that it cannot handle future litigation on behalf of the City; and WHEREAS, N. Robert Shields is qualified to handle forfeiture litigation and is willing to contract with the City for the same hourly rate previously charged by the Marion County legal counsel's office; and WHEREAS, the law requires that the Marion County District Attorney receive a portion of the forfeiture proceeds; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the Mayor is authorized to sign the agreement with N. Robert Shields and the Marion County District Attorney on behalf of the City of Woodburn, a copy of which is attached hereto, and by this reference incorporated herein. SECTION 2. That N. Robert Shields is designated "forfeiture counsel" as that term is defined under 1989 Oregon Laws, Chapter 791. SECTION 3. That notwithstanding sections 1 and 2 of this resolution, the Marion County legal counsel shall remain "forfeiture counsel" for incidents subject to forfeiture proceedings occurring prior to the execution of the attached agreement unless the appropriate documents are approved by the involved court allowing substitution of counsel. SECTION 4. That resolution 980 is hereby repealed. APPRaVEa, ::)~ W ~ FRED W. KYSER, M Y R Page 1 - COUNCIL BILL NO. 1382 RESOLUTION NO. 1114 T T ----------..,.__....~_..,.~ Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /l1,~~ Mary Ten nt, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1382 RESOLUTION NO. 1114 T .._,' r -,' .". ~_._"'--" .~.. -..--..----.--. March 23, 1992 March 23. 1992 March 23, 1992 March 23, 1992 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into pursuant to the provisions of ORS Chapter 190 and 1989 Oregon Laws, Chapter 791, as amended by the 1991 Oregon Legislature, by the following parties: N. Robert Shields, Attorney District Attorney for Marion County City of Woodburn The terms and conditions of this intergovernmental agreement are set forth as follows: A. The forfeiture counsel for the City shall be N. Robert Shields. Within 48 hours of receiving a notice of a seizure by the City, N. Robert Shields shall notify the City as to whether he declines the case. N. Robert Shields agrees to negotiate in good faith those cases he accepts or declines to accept from the City. B. N. Robert Shields shall receive compensation for forfeiture counsel services at the rate of sixty dollars ($60.00) per billable hour. The City shall provide all necessary secretarial support and related overhead expenses to enable N. Robert Shields to render legal services pursuant to this agreement. Any filing fees, costs, or other expenses of litigation shall be paid by the City. C. All of the forfeited property, monies and clear proceeds of all forfeited property shall be disbursed by forfeiture counsel as follows: Page 1 - INTERGOVERNMENTAL AGREEMENT - FORFEITURE COUNSEL r ,- r (1) Costs shall first be paid from the property, or if the property is sold, from its proceeds. "Costs" as used in this section include costs, disbursements and attorney fees as defined in ORCP 68A and those special expenses, including hourly investigation costs and the provision of lawful currency, incurred by forfeiture counsel or incurred by any seizing or forfeiting agency in investigating and prosecuting a specific case. Those costs incurred by any seizing or forfeiting agency in investigating and prosecuting a specific case shall not include expenditures made in connection with the ordinary maintenance and operation of the seizing or forfeiting agency. (2) The forfeiture counsel, from the forfeited property remaining after the deduction of costs [Section C( 1)], shall distribute the property or, if the property is sold, its proceeds, to the City, less 20 percent, which is to be paid to the District Attorney of Marion County as reasonable reimbursement for the cost of investigation and prosecution D. The term of this agreement is perpetual, subject to the right of any party hereto to terminate upon 30 days written notice being made to the other parties to this agreement. Written notice shall be given by certified mail to the business address of each of the parties set forth in this agreement. Page 2 - INTERGOVERNMENTAL AGREEMENT - FORFEITURE COUNSEL T T ...__ ,..,...,__.~~. ,_.,...n_~..._._.., ,......"1 E. The City is specifically liable for any costs incurred pursuant to 1989 Oregon Laws, Chapter 791, Section 9, 6(a), which reads as follows: On entry of judgment for a claimant in any proceeding to forfeit property under chapter 791, Oregon Laws 1989, unless the court has foreclosed one or more security interests or liens covering the property, such property or interest in property shall be returned or conveyed immediately to the claimant designated by the court. The court, in the manner provided by ORCP 68, shall award costs, disbursements and attorney fees to the prevailing claimants and financial institutions, to be paid by the forfeiting agency. CITY OF WOODBURN 270 Montgomery Street Woodburn, Oregon 97071 1-ffi~ ",1 ~ Fred W. Kyser, ay ~ ATTEST: /1c~ ~+ Mary Tenn t, City Recorder N. ROBERT SHIELDS Attorney at Law 8101 S.W. Nyberg Road Suite 212 Tualatin, Oregon 97062 ~~~ N. Robert hields .3 2~ 12 Date: Date: March 23, 1992 DISTRICT ATTORNEY FOR MARION COUNTY Marion County Courthouse 100 High Street, N.E. Salem, Oregon 97301 Dale W. Penn Date: Page 3 - INTERGOVERNMENTAL AGREEMENT - FORFEITURE COUNSEL T 1 . .....-...,......,.........-.