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HomeMy WebLinkAbout001-03 OrdinanceRECORD OF ORDINANCES B~~ Ordinance No ....................0.1.-.03........_...................... Passed ...................................................:.............., ....................... VC 1R 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, __~__ 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 ~_ day of GY _ , 2003. ay mg icer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Q,~,,, e k of Council, Dublin, Ohio Division of Court Services 6565 Commerce Parkway Dublin, OH 43017 Phone: 614-410-4920 • Fax: 614-410-4490 CITY OF DUBLIN Memo To: Members of the Dublin City Council From: Jane S. Brautigam, City Manager ~'~~, 5 , ' Date: December 13, 2002 Initiated By: Donald W. Colby, Director of Court Services Re: Ordinance for approval of Columbus City Prosecutor Contract Summary The attached contract is for services provided by the City Attorney of Columbus to cover all costs of prosecution in the Franklin County Municipal Court for cases generated by the City of Dublin. This contract is the same contract we signed last year and the costs have remained at $75 per hour. This was budgeted in the 2003 budget, so it has no unanticipated impact on the Court Services budget. Recommendation: Staff recommends adoption of Ordinance No. 01-03 on first reading CONTRACT This Agreement, entered into beginning on January 1, 2003, by and between the City Attorney of Columbus, Ohio, pursuant to Ordinance No. 374-96, passed February 26, 1996, and the City of Dublin, Ohio, by pursuant to Ordinance/Resolution No. ,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: The City Attorney of Columbus, Ohio, hereby agrees that he/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, the 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 the 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 on that case, there shall be a bill for whatever time has been expended on the case, which the municipality agrees to pay. The City Attorney of Columbus, Ohio, further agrees that he/she will direct his/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. The City Attorney of Columbus, Ohio, further agrees that he/she will, by and through the personnel assigned to duties in the Columbus City Prosecutor's Office, consistent with its policies and practices 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. The City Attorney of Columbus, Ohio, further agrees that he/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 the City Attorney of Columbus, Ohio, and agrees to pay to the City Attorney of Columbus, Ohio, for deposit with the Treasurer of the City of Columbus, the sum of Seventy-five Dollars ($75.00) 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 hearing, as fixed by resolution of the 2 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 the City Attorney of Columbus, Ohio, under this Contract shall be limited to those functions set out above, and specifically that he/she and his/her Prosecutor or other designated personnel by which he/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 practices 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 the 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 the City Attorney of Columbus, Ohio, within ten (10) days thereafter if it intends to handle that 3 appeal, and in the absence of such notice, agrees that the 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 the City Attorney of Columbus, Ohio; however, should the 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 the City Attorney of Columbus, Ohio, shall have the right to prosecute such appeal at his/her own expense, and the City of Dublin, Ohio agrees to provide the Columbus 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, 2003 through December 31, 2003, unless terminated earlier as provided herein. IN WITNESS WHEREOF, the parties have executed this Contract, this day of 2002. CITY OF COLUMBUS, DEPT. OF LAW OFFICE OF THE CITY ATTORNEY CITY OF DUBLIN, OHIO By 4