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Home My WebLink About006-02 OrdinanceRECORD OF ORDINANCES Ordinance No ......................Q6.-~.2......................... Passed .................................................................., ....................... yF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COLUMBUS, OHIO CITY ATTORNEY FOR PROSECUTION OF CRIMINAL CASES IN THE FRANKLIN COUNTY MUNICIPAL COURT, CRIMINAL DIVISION AND REPRESENTATION OF THE BUREAU OF MOTOR VEHICLES FOR CERTAIN CASES IN THE CIVIL DIVISION OF THE FRANKLIN COUNTY MUNICIPAL COURT, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin desires to use the services of the Columbus City Attorney's Office for prosecution of Dublin cases in the Franklin County Municipal Court, Criminal Division and also for representation of the Bureau of Motor Vehicles for certain cases in the Civil Division of the Franklin County Municipal Court; and WHEREAS, the Columbus City Prosecutor's Office is willing to provide such services pursuant to Columbus City Ordinance 374-96. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 2 of the elected members concurring: Section 1. That the City Manager is hereby authorized to enter into an agreement with the City of Columbus to provide for the prosecution of Dublin cases in the Franklin County Municipal Court, Criminal Division and representation of the Bureau of Motor Vehicles for certain cases in the Franklin County Municipal Court, Civil Division under the terms and conditions provided in the attached contract (Exhibit A). Section 2. That this ordinance is hereby declared to be an emergency measure necessary to ensure the preservation of the public peace, health, safety and welfare, and therefore shall take effect and be in force immediately upon its passage. Passed this ~ h~ day of , 2002. Mayor -Presiding Officer ATTEST: ~~~~~ Clerk of Council I h~tt?'?~~ a~-?~`~~ .Itut ~on~es et t=~is Orci:r~once/ttesol~:tion were posies in tltr City of O~blin in asco~donce v~it!} Section 731.25 of the Ohio Revised ode. .) r~of Council, Duhlin. Ohio ~. CIVIL DIVISION 90 W. Broad Street Columbus, Ohio 43215-9013 614/645-7385 FAX 614/645-6949 CLAIMS DIVISION 90 W. Broad Street Columbus, Ohio 43215-9013 614/645-7717 FAX 614/645-6949 REAL ESTATE DIVISION 109 N. Front Street Columbus, Ohio 43215-9021 s1a/sas-7712 FAX 614/645-3913 *#.,r»+ ** i~.... ,u,, + ,r * ~ • :` S i ~~"~~{~11'~~ JANET E. JACKSON CITY ATTORNEY COLUMBUS, OHIO December 18, 2001 Stephen J. Smith, Esq. ~. Law Director and Prosecuting Attorney City of Dublin 6565 Commerce Parkway Dublin, Ohio 43017-3221 Re: 2002 Contract with the City of Columbus City Attorney's Office Dear Mrs "- ~~`- ~.~ Enclosed please find an original and two copies of the 2002 contract between the City of Dublin and Janet E. Jackson, City Attorney of Columbus, Ohio. This contract is for the prosecution of criminal cases in the Franklin County Municipal Court, Criminal Division, and also representation of the Bureau of Motor Vehicles in certain cases in the Civil Division of the Franklin County Municipal Court. The new rate for the term of the contract, January 1, 2002 through December 31, 2002, will be $75.00 per hour. These contracts must be certified with the Columbus City Auditor's Office, therefore it is imperative that all three copies be returned to this office for my signature. After ""~'" certification by the auditor, an executed copy will be returned to you. Please sign all three contracts, filling in the blank for your ordinance or resolution number, and return the three `""" signed contracts to my office before January 25, 2002. If you have any questions, please contact me. Sincerely, ,~ `~ Janet. Jackson ~ City Attorney City of Columbus /MCF ENCLOSURES (3) COPY ro: Mayor Chazles W. Kranstuber .~._ :4 ~ '~', ? r ~ ' ~<. PRO~S~C1].~'OR DIVISION " 375 St t ~~ ~~ ree 4-~ uhio 43215-45 614/645-7483 FAX 614/645-8902 CONTRACT This Agreement, entered into beginning on January 1, 2002 by and between Janet E. Jackson, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 374-96, passed February 26, 1996, and the City of Dublin, Ohio, by ~P ' S ,pursuant to Ordinance/l~:e~No. 0 ~ - b ~ ,for the prosecution of certain cases before the Franklin .~ County Municipal Court, Criminal Division, and for the representation of the Bureau of Motor Vehicles of certain cases in the Franklin County Municipal Court, Civil Division; now, therefore, the parties hereto agree as follows: Janet E. Jackson, City Attorney of Columbus, Ohio, hereby agrees that she will undertake to prosecute, by and through personnel employed by the Columbus City Prosecutor's Office, all cases coming before the Franklin County Municipal Court, Criminal Division, arising out of alleged violations of traffic and criminal ordinances of the City of Dublin, Ohio, or traffic and criminal statutes of the State of Ohio, which occur within the limits of the City of Dublin, Ohio; provided, however, Janet E. Jackson, City Attorney of Columbus, Ohio, reserves the right to decline to represent the City of Dublin, Ohio under this contract in any specific case filed in or coming before the Franklin County Municipal Court upon giving written notice to the City Solicitor of the City of Dublin, Ohio, seven days before a scheduled hearing in that specific case; and provided further that the City Solicitor of the City of Dublin, Ohio reserves the right under this contract to represent the City of Dublin, Ohio in any specific case filed in or coming before the Franklin County Municipal Court upon giving written notice to Janet E. Jackson, City Attorney for the City of Columbus, Ohio, seven days before a scheduled hearing in that specific case that the City Solicitor of the City of Dublin, Ohio, intends to represent said City or Village in that specific case. When the aforementioned notice is given that the City Solicitor of the City of Dublin, Ohio will represent said municipality in a specific case and no prosecution time has been expended but a file has been prepared, or subpoenas issued, or other preliminary work done 1 on that case, there shall be a bill for whatever time has been expended on the case, which the municipality agrees to pay. Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will direct her prosecutor personnel who are to perform the services contemplated by this Contract, to consult and advise the officers of the City of Dublin, Ohio, Police Department, and all other appropriate officials of the City of Dublin, Ohio, when necessary, concerning the prosecution or enforcement of the criminal and traffic statutes of the State of Ohio and ordinances of the City of Dublin, Ohio, within the limits of said City of Dublin, Ohio. Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will, by and through the personnel assigned to duties in the Columbus City Prosecutor's Office, consistent with its policies and practice in connection with its duties in the City of Columbus, consult with and advise all persons concerning violations of the criminal statutes of the State of Ohio, alleged to have occurred within the limits of the City of Dublin, Ohio, and will assist such citizens, when necessary, in the interests of justice, when requested by the local police or prosecutor, in the preparation and filing of complaints charging such offenses. Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will undertake to represent the Bureau of Motor Vehicles, by and through personnel employed by the Columbus "~ City Attorney's Office, in all cases coming before the Franklin County Municipal Court, Civil Division, arising out of the appeal procedures of Ohio Revised Code Sections 4511.191 and 4507.40, and in which the legal representative of the City of Dublin, Ohio, would have a duty to represent the Bureau of Motor Vehicles. The City of Dublin, Ohio, in consideration of the above, promises to Janet E. Jackson, City Attorney of Columbus, Ohio, and agrees to pay to Janet E. Jackson, City Attorney of Columbus, Ohio, for deposit in the Treasurer of the City of Columbus, the sum of Seventy Dollars ($70.00) per hour, being the uniform rate per hour for such services by members of the City Prosecutor's staff, with a minimum charge of one-half hour for each scheduled court 2 hearing, as fixed by resolution of the Council of the City of Columbus. Said sum due to be stated on invoice from the City Attorney of Columbus, Ohio, at approximately monthly intervals. It is mutually understood and agreed that the responsibility of Janet E. Jackson, City Attorney of Columbus, Ohio, under this Contract shall be limited to those functions set out above, and specifically that she and her Prosecutor or other designated personnel, by which she chooses to perform this Contract, shall not be required to engage in any investigations other than those normally performed by the Columbus City Prosecutor's Office in regard to and incident to the prosecution thereby of routine cases arising in the City of Columbus, the taking of depositions, the prosecution of appeals by the plaintiff City or State from judgments of the Franklin County Municipal Court, or the preparation or consideration of legislation, consistent with the policies and practice of the Prosecutor's office in connection with criminal offenses in the City of Columbus. It is further mutually understood and agreed that, notwithstanding any of the above provisions of this Contract, the City of Dublin, Ohio shall have the absolute right, in its sole discretion, to undertake to prosecute by and through the Prosecutor of the City of Dublin, Ohio, any case coming before the Franklin County Municipal Court, arising out of alleged violations of the Codified Ordinances of the City of Dublin, Ohio, or alleged violations of the traffic and criminal statutes of the State of Ohio, which occur within the limits of the City of Dublin, Ohio, or any appeal from judgments of the Franklin County Municipal Court relating thereto. It is further mutually understood and agreed that, Janet E. Jackson, City Attorney of Columbus, Ohio, shall notify the City of Dublin, Ohio, by and through its Prosecutor, of the filing of any Notice of Appeal from judgments of the Franklin County Municipal Court within the purview of this Contract, within five (5) days of such filing, whether such Notice of Appeal is filed on behalf of the City of Dublin, Ohio or on behalf of any defendant. The City of Dublin, Ohio shall notify Janet E. Jackson, City Attorney of Columbus, Ohio, within ten (10) days thereafter if it intends to handle that appeal, and in the absence of such notice, agrees that Janet 3 E. Jackson, City Attorney of Columbus, Ohio, shall handle that appeal at the hourly rate specified herein. It is further mutually understood and agreed that the City of Dublin, Ohio shall have the right to decline the prosecution of any appeal on its behalf by Janet E. Jackson, City Attorney of Columbus, Ohio; however, should Janet E. Jackson, City Attorney of Columbus, Ohio, desire to prosecute an appeal from any judgment of the Franklin County Municipal Court within the purview of this Contract, that the City of Dublin, Ohio has declined to prosecute, then Janet E. Jackson, City Attorney of Columbus, Ohio, shall have the right to prosecute such appeal at her own expense, and the City of Dublin, Ohio agrees to provide the City Attorney with any information necessary to prosecute such appeal. This Contract may be terminated by either party hereto at any time before the expiration thereof by giving thirty (30) days written notice to the other party of its intention to terminate. The parties hereto further agree that this Contract shall be in full force and effect from the 1st day of January, 2002 through December 31, 2002 unless terminated earlier, as provided herein. IN WITNESS WHEREOF, the parties have executed this Contract, this day of 2001. CITY OF COLUMBUS, DEPT. OF LAW JANET E. JACKSON, CITY ATTORNEY Janet E. Jackson City of Dublin, Ohio By `~ d..~-. 4