HomeMy WebLinkAbout08-88 ResolutionRECORD OF RESOLUTIONS
National Graphics Corp., Cols., O. ~~3~' ng Qr12~ Form No. 6233-A
Resolution ~ v. 0$-S8 Yassed _-__ .-- -19_ ___--
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH THE CITY OF COLUMBUS, OHIO, FOR
PROSECUTION OF DUBLIN CASES IN
FRANKLIN COUNTY MUNICIPAL COURT, AND
DECLARING AN EMERGENCY
WHEREAS, the~City of Dublin desires to use the services of the Columbus
City Prosecutor's Office to represent them in criminal cases before
the Franklin County Municipal Court; and,
WHEREAS. the Columbus City Prosecutor's Office is willing to provide
such services pursuant to Columbus City Ordinance #487-82;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, 7 of the elected members concurring:
Section 1. That the City Manager is hereby authorized to enter into an
agreement with the City of Columbus to provide for the prosecution of
Dublir. cases before the Franklin County Municipal Court under the terms
and conditions provided in the attached contract; and,
Section 2. That this Resolution is hereby declared to be an emergency
measure necessary for the preservation of the public peace, health and
safety and therefore this Resolution shall take effect and be in force
immediately upon its passage.
Passed this 1st day of February , 1988.
- Presiding Officer
Attest:
~~~~ ~~. ~
lerk of Co ncil
II
I hereby certify that coll!es of t~~s Ord'nn^r~/~~:~!c±t~nn were posted ~~n the
City of Dublin in aaordance with Secfon 731.25 of t!:a 0'•io Revised Code.
~~
Clerk of Council, Du lin, Ohio
CONT'P.A CT
This Agreement, entered into beginning on January 1, 1988, by and between
Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 487-
82, passed (12arch 8, 1982, and the City of Dublin, Ohio,
by Timothy C. Hansley - Cit Manager puCSnant to Resolution No. ~$-$$
for
,
the prosecution of certain cases before the Franklin County 114unicipal Court,
Criminal Division, and for the representation of the Bureau of Motor -Vehicles of ,~
certain eases in the Franklin County Municipal Court, Civil Division; now, therefore '~
,
the parties hereto agree as follows:
Ronald J. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he .,
,~:
,
will undertake to rosecute b and throu h
P > y g 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 0 hio, which occur within the limits of the City of Dublin, Ohio; provided
however, Ronald J. O'Brien, City Attorney of Columbus, Ohio, reserves the right to
decline to represent the City 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 City of Dublin, seven days before a scheduled
hearing in that specific case; and provided further that the City Solicitor of the
City of Dublin reserves the right under this contract to represent the City 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 City 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
will direct his 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 0 hio and ordinances of the City of Dublin, Ohio,
within the limits of said City 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
Frosecutor'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 City 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 Miotor Vehicles, by and through personnel
employed by the Columbus City Attorney's Office, in all cases coming before the
Franklin County I44unicipal 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 Notor Vehicles.
The City of Dublin, Ohio, in consideration of the above promises of Ronald
J. O'Brien, City Attorney of Columbus, Ohio, 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 ($4D.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 sum due to be stated on
invoice from the City Attorney of Columbus, Ohio, at approximately monthly
intervals.
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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 Prosecutor or Civil
Litigation personnel, by which he chooses to perform this Contract, shall not be
required to engage in any investigations other than those normally performed by the
Columbus City ProsecutorTs 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.
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. 1988, unless
terminated earlier, as provided herein.
IN WIT S WHEREOF, he parties have executed this Contract, this ~~
day of , 198_
CITY OF COLUMBUS
DEPARTMENT OF LAW
RONALD J. O'BRIEN
CITY ATTORNEY
Ronald J. OTBri n
City OF Dublin OHIO
By
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