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HomeMy WebLinkAbout03-86 ResolutionRECORD OF RESOLUTIONS National Graphics Corp., Cols., O. n~~ 71~ Resolution ~~ o. 03-86 Form No. 6233-A Passed-------------------------------------------------I 9-------- AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF COLUMBUS, OHIO FOR PROSECUTION OF DUBLIN CASES IN FRANKLIN COUNTY MUNICIPAL COURT, AND DECLARING AN EMERGENCYo WHEREAS, the Village of Dublin desires to use the services of the Columbus City Prosecutor's Office to represent them in criminal cases before the Franklin County Municipal Court; and, WHEREAS, the Columbus City Prosecutor's Office is willing to provide such services pursuant to Columbus City Ordinance #487-82; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, 5 of the elected members concurring: Section 1. That the Village Manager is hereby authorized to enter into an agreement with the City of Columbus to provide for the prosecution i - of Dublin cases before the Franklin County Municipal Court under the terms and conditions provided in the attached contract; and, Section 2. That this Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety and therefore this Resolution shall take effect and be in force immediately upon its passage. ~~ Passed this `t'?`tt__ day of \~~Q 1986. ~- (~j~ Mayor - Presiding Officer Attest: Clerk of Council 1 hereby certify that copies of this Ordinance/Resolution were posted in the Pillage of D!~h!in in accordance with Section 131.25 of the Onio ic~~~ised Cade. Clerk of Council COhT^i RACT This Agreement, entered into beginning on January 1, 1986, by and between Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 487- 82, passed R?arch 8, 1982, and the Village of Dublin, Ohio, by pursuant to Resolution No. 03-86 ,for the prosecution of certain cases before the Franklin County Municipal Court, Criminal Division, and for the representation of the Bureau of N_otor Vehicles of certain cases in the Franklin County P,4unicipal Court, Civil Division; now, therefore, the parties hereto agree as follows: Ronald J. O'Brien, City Attorney of Columbus, Chio, hereby agrees that he will undertake to prosecute, by and through personnel employed by the Columbus City Prosecutor's Gffice, all cases coming before the Franklin County Municipal Court, Criminal Division, arising out of alleged violations of traffic and criminal ordinances of the Village of Dublin, Ohio, or traffic and criminal statutes of the State of Ohio, which occur within the limits of the Village of Dublin, Ohio; provided however, Ronald J. O'Brien, City Attorney of Columbus, Ohio, reserves the right to decline to represent the Village of Dublin 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 Village of Dublin, seven days before a scheduled hearing in that specific case; and provided further that the City Solicitor of the Village of Dublin reserves the right under this contract to represent the Village of Dublin in any specific case filed in or coming before the Franklin County Municipal Court upon giving written notice to Ronald J. O'Brien, City Attorney for the City of Columbus, Ohio, seven days before a scheduled hearing in that specific case that the City Solicitor of the Village of Dublin, Ohio, intends to represent said City or Village in that specific case. Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he vain direct his prosecutor personnel who are to perform the services contemplated by this Contract, to consult and advise the officers of the Village of Dublin, Ohio, Police Department, and all other appropriate officials of the Village of Dublin, Ghio, when necessary, concerning the prosecution or enforcement of the criminal and traffic statutes of the State of Ohio and ordinances of the Village of Dublin, Ohio, within the limits of said Village of Dublin, Ohio. Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will, by and through the personnel assigned to duties in the Columbus City Prosecutor's Office, 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 Village of Dublin, Ohio, and will assist such citizens, when necessary, in the interests of justice, in the preparation and filing of complaints charging such offenses. Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will undertake to represent the Bureau of Motor Vehicles, by and through personnel employed by the Columbus City Attorney's Office, in all eases 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 Village of Dublin, Ohio, would have a duty to represent the Bureau of 14iotor Vehicles. The Village of Dublin, Ohio, in consideration of the above promises of Ronald J. O'Brien, City Attorney of Columbus, Ghio, agrees to pay to Ronald J. O'Brien, City Attorney of Columbus, Ohio, for deposit in the Treasurer of the City of Columbus, the sum of Forty Dollars 040.00) per man-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 scheduled court hearings, as fixed by resolution of the Council of the City of Columbus. Said sums 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 Ronald J. O'Brien, City Attorney of Columbus, Ohio, under this Contract shall be limited to those functions set out above, and specifically that he and his Frosecutor or Civil Litigation personnel, by which he chooses to perform this Contract, shall not be reouired to engage in any investigations other than those normally performed by the Columbus City Frosecutor'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 from judgments of the Franklin County Municipal Court, or the preparation or consideration of legislation. 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 date first written above through December 31, 1986, unless terminated earlier, as provided herein. Page 2 IN WITNESS WHEREOF, the parties have executed this Contract, this ~l day of _ !~~ ~yu~ r:~ Sul , 19 8 to . ~r~ CITY OF COLUMBUS DEPARTMENT OF LAV'd RONALD J. O'BRIEN CITY ATTORNEY ,~ ~ ~ ` Ronald J. O'Brien APPROVED: ~ ~Ii OF ~ ~ ~ G i n% ,OHIO Du in So icitor ~~ Page 3