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Home My WebLink About74-76 Ordinance '!>t'''''''' "'o<'llf ~ l RECORD OF ORDINANCES National Graphics Corp., Cols., o. ..,. Form No, 2S06-A , Ordinance N 0 .__m__'1_~_____1B p assed__nm__h~_Q_V.J_m__J9.Z6.m__m__m19__m__ ORDINANCE PROVIDING FOR ADDITIONAL LEGAL COUNSEL FOR THE VILLAGE OF DUBLJN10HJO;AUTHORIZING THE VILLAGE SOLICITOR TO EMPLOY ASSJSTANTS IN CONNEC- TION WITH THEPROSECUTIONOF..CRIMINAL AND TRAFFIC I [J CASES IN THE MUNICIPAL'COURT'OF.FRANKLIN.COUNTY, OHIO. SETTING THE COMPENSATION OF SAID ASSISTANTS, AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the Village of Dublin, State of Ohip, b of the members elected thereto concurring: SECTI ON l. That Donald A. Richardson, the Village Solicitor, be, and , he hereby iSt authorized to employ as assistant solicitors members of the I f r legal staff of the Prosecutor's Office of the City of Columbus, Ohio, for the ~ ~ purpose of representing the Village of Dublin in criminal and traffic cases I t pending or which in the future might be pending in the Franklin County Muni- . ~ ~ cipal Court, Columbus, Ohio. f , I SECTION 2. That said assistant solicitors provided for in Section 1, i~ f f above, shall have and exercise the same powers as the Village Solicitor in f ! . ( connection with the prosecution of criminal and traffic cases in the Franklin ! County Municipal Court, Columbus, Ohio. , SECTI ON 3. That said assistant solicitors shall be paid the sum of Twenty-five Dollars ($25.00) per hour for their services on behalf of the Village of Dublin; that the Columbus City Prosecutor's office shall bill the Village of Dublin on a case-by-case basis, and the Village of Dublin shall pay the compensation provided for above to the Columbus City Prosecutor's Off ice. SECTION 4. That this Ordinance be, and the same hereby is, declared to be an emergency measure necessary to the publ ic safety and welfare of the Village of Dublin, Ohio, for the reason that the Village has an immediate neec for the services of assistant solicitors in connection with the prosecution 0 0 criminal and traffic cases in the Frankl in County Municipal Court, Columbus, Ohio, and that this Ordinance shall take effect and be in force immediately ~re~~mpor< upon its passage. pas~ daY~..__ , 1976. Mayor-Presiding ~ ATTEST: jLLJ.. a j~~~.,J Clerk-Treasurer f ,...( f . CON T RAe T ' -------- ThIs Agreement, entered Into thIs day of' . , 1976, ~yand between the CIty Attorney of Columbus, OhIo, on behalf of the CIty of Col umbus, pu rsuan t to Reso 1 ut Ion No. 193X76, passed September 13, 1976, and the V 11- lage of DublIn, OhIo, by Donald A. RIchardson, VIllage SolIcItor, pursuant to Autho- r" rt zat lon' as prov I ded by Vi 11 age Counc t1, for the prosecut ion of certa incases before L the FranklIn County MunicIpal Court, CrImInal DivIsIon; now, therefore, the partIes hereto agree as follows: The CIty Attorney of Columbus, OhIo, hereby agrees that he 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 Divi- sion, arising out of alleged violations of traffic and crIminal ordInances of the Village or traffic and criminal statutes of the State of OhIo, which occur within the limits of the VIllage. The 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 wIth the offIcers of the Village PolIce Department and all C other appropriate officials of the Village, when necessary, concerning the enforce- ment of the criminal and traffic statutes of the State of Ohio and ordinances of the Village, within the limits of said Village. The CIty Attorney of Columbus, Ohio, further agrees that he wil" 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 and will assist such citizens, when necessary, in the preparation and fIlIng of affidavits charging such offenses. The Village, In consIderation of the above pre~_ses of the City Attorney of Columbus, Ohio, agrees to pay to the City Attorney of Columbus, OhIo, for deposit In the Treasury of the City of Columbus, the sum of Twenty-five Dollars ($25.00) per man 0 hour, being the uniform rate per hour for such services by members of the City Prosecu- tor1s staff, 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 responslbl1lty of the CIty At- torney of Columbus, Ohio, under this contract shall be limited to those functIons set out above, and specifically that he and his Prosecutor personnel, by which he chooses to perform this contract, shall not be required to engage In any investigations other . ~. . . Page -2- than those normally performed by the Columbus City Prosecutor.s Office In regard to I and i n:c.l dent to the prosecutIon thereby of routine cases arIsing in the CIty of ~ Columbus, the taking of depo~Itions, the prosecution of appeals from Judgments of the Franklin County Municipal Court, or the preparation or consIderation of leglsla- t"'. tlqn. ~ 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 end effect from the date first written above through December 31, 1977, unless termina- ted earlier, as provided herein. IN WITNESS WHEREOF, the parties have executed thIs Contract, this day of , 1976. CITY OF COLUMBUS, OHIO By John L. Francis U City Attorney VILLAGE OF DUBLIN, OHIO By DonaldA. RIchardson Village SolicItor APPROVED AS TO FORM: -- 0 . .- . ) NTHO))UCEJ) . k~,"':i..IVFJ. CITY ,OF COLUMBUS ! flrsl rca~inq OOO~ RESOLUTION NO. ~ ., COMM'fTTEE: INTRODUCED BY: AUDITOR'S CERTIF1CATE I hereby certify that there is in the treasury, or anti- cipated to come Into the treasury, and not appraprlated r" FLOOR ACTION for any other purpose, the amount of money specified COMMITTEE ACTION . hereon, to pay the within ordinance. L j DATE: NO: FUND No._DEPT. No. APPROP. CODE ENTERED BY: AMOUNT: City Auditor or Deputy Auditor J 'LETTER OF TRANSMITTAL (REASON F}oR LEGISLATION) , , - !(; . ~ .. . . . I U , ORIGINATED BY: APPROVED (DIV. HEAD): FORM APPROVED (ATTY.): APPROVED (DEPT. HEAQ): .' - . , ~************AAA~.!AA444!AAAAAAAA~AA~AA!Al1AAAA11111AAAA14Al14********************Al11111111A'11111111111A1Al11111A1Jl1IA1A..A~ o EMERGENCY'.' ..' ~tN..'iN~ 30 - DAY D RESOLUTION NO. BY DEPARTMENTAL REQUEST: TITLE (BRIEF DESCRIFTION) _.,- To authorize and direct the City Attprney to represent various small municipalities in criminal and traffic cases in ~he Franklin County Municipal Court utilizing the services of r the members of the Prosecutor's staff at the uniform rate of $25.00 per hour and to provide for the payment of revenues '-' into a special fund and to declare an emergency. (Additlonal space, use rever.e side) - ------------ ---- --------- PASSED AOO?TED (DATE) . PRESIDENT OF COUNciL APPROVED (DATE) MAYOR ATTEST: CITY CLERK . - - . . ~~IEREAS, for several years, defendants accu~ed of certain criMinal and traffic offenses against , the State of Ohio or defendants desiring jury trials or trials before a court of record have had the right to remove those cases to the Franklin County , }iunicipa1 Court located in Columbus, Ohio, from various municipalities in Franklin County, Ohio, which municipalities do not have municipal courts . of record; and r", h'HEREAS, nevertheless, the various City Attorneys, City Solicitors, La\'l Directors or L,' Prosecuting Attorneys of said s~a11er municipalities retain the duty and responsibility of attending court and prosecuting the cases arising in their respective bailiwicks; and \\"HEREAS , said smaller municipalities in Franklin County, Ohio, have found it impractical and economically unfeasible to have their prosecu- tors on hand in Col~bus, Ohio, to handle said cases as they arise and have, therefore, in the past employed the City Attorney or members of the ... Prosecutor '.s staff to handle said cases; 'and . ,,," '- ~mEREAS, this Council has never authorized such a contract for services although the number of municipalities now being represented is approxi- . mately fourteen (14) in number and it is impossible for the City Attorney to adequately represent said municipal corporations or for me~bers of his staff to do so without approval from this Council; and t'7HEREAS , it is the representation and recommen- C dation of John L. Francis, City Attorney, that the rendering of such services to said municipalities r is a necessary, proper and beneficial function which can be performed by members of his staff assigned to the Prosecutor's Office, provided proper and uniform compensation is received for their services; and WHEREAS, it is the further recommendation of said City Attorney that the contracts for such ser- vice be negotiated on a uniform basis of $25.00 per hour; that the revenue from said services be paid into the City Treasury and deposited in an appropriate fund; that reasonable expenses connected with said service be allowed out of said fund; that formal contracts with said municipalities be executed on or before November 1, 1976, or as soon thereafter as practicable, and that, in the interim, the services to said municipalities continue with all payments from the same being deposited in an ~,. . appropriate City Fund; and . ~rnEREAS, an emergency exists in the daily operation of the City Attorney's Office in that it is immediately necessary for this Council to r': approve and adopt the recommendations of the City , j Attorney thereby preserving the public property, health, safety, peace and welfare; now, therefore, '-' BE IT RESOLVED BY THE COm~CIL OF THE CITY OF COLU~~US: Section 1. That the City Attorney be and he is hereby , authorized to continue to represent the various villages and municipalities in accordance with pre-existing agreements or understandings until November 1, 1976, utilizing the members of the Prosecutor's staff in the performance of such services; the funds received for said representation to be paid into a proper City Fund. II ~ - . - ~ . Section 2. That the City Attorney be and he is hereby · authorized to negotiate and renegotiate agreements with the s,aid municipalities, and any others desiring such service, to be effective on and after November 1, 1976, at the uniform rate of $25.00 per hour, utilizing the services of the Prosecutor's Office with the proceeds from the said repres- entat~on to be paid into a proper City Fund. Section 3. That it is the sense of this Council that (""', . the nature' of the special fund and the allowance of any expenses against the same be the subject matter of future '- ordinances of this Council. J , Section 4. That for the reasons sta,ted in the preamble hereto which is hereby made a part hereof, this resolution is hereby declared to be an emergency measure and shall ~ake effect and be in force from and after its adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same. . l J I l JLF:lm . . . G .. I~ . ... .. -- r: ...., - 2 -