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Home My WebLink About002-89 Ordinance RECORD OF ORDINANCES National Graphics Corp., Cols.. O. ~ Form No. 2806-A --- Ordinance N 0 .nn_()3___l\~__n____ P assedn ___nnnn___n___ nn___n __ n __ _n _ _m_ n n19 __ n___ AN ORDINANCE 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 for legal representation in the Franklin County Municipal Court, Criminal Division, and also representation of the Bureau of Motor Vehicles of 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 #487-82; NOW, THEREFORE, BE IT ORDAINED 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 Dublin cases before the Franklin County Municipal Court under the terms and conditions provided in the attached contract; and, Section 2. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety and therefore this Ordinance shall take effect and be in force immediately upon its passage. Passed this 16th day of January , 1989. Attest: ~ ~ '1lJ. ~~ ,!<, Clerk of Counc~ l'ftoreby certify that cOJl1es of this Ordinance7Resorutioo were posted in ~"', City of Dublin in a::orda~ce w;tn Sect:on 731.25 of the Mlio Revised Coda ~ -/;'/UW-P/J''hj. ~ Clerk of C6uncil, Dublin, Ohio . ., CONTRACT This Agreement, entered inb:> beginning on January 1, 1989, by and between Ronald J. O'Brien, City Att:om.ey of Columbus, Ohio, pursuant to Ordinance No. 487- 82, passed March 8, 1982, and the City of Dublin. Ohio, o 16 19~9 by Ord~nance No. 03-89, passed on January pl.itEuari to Res:ili.rl::ion No. . far the prcsecut:ion of certain caoos before the Franklin County Municipal Court, Criminal Div.ision, and for the represent:at:ion of the Bureau of Mat:or Vehicles of certain caoos in the Franklin County Municipal Court, Civil Div.ision; now, therefore, the parties hereto agree as follows: Ronald J. O'Brien, City Attnrney of Columbus, Ohio, hereby agrees that he will undertake to prc:secute, by and through peI:S::lnnel employed by the Columbus City Pn:::secutx::Irs Office, all cases coming before the Franklin County Municipal C' Court, Criminal Division, arising out of alleged v.io1.ations of traffic and criminal -1 , ardinances of the City of Dublin. Ohio, or traffic and criminal statutes of the state 0 ,-, '..,.t of Ohio, which occur within the limits of the City of Dublin. Ohio; provided l\: 00 -.. however, Ronald J. O'Brien, City Attr::n:ney of Columbus, Ohio, reserves the right to 7J dec1ine to represent the City of Dublin under this conb:act in any speci:6c ca93 filed in or coming before the Franklin County Municipal Court up:n giving written notice to the City Solicitor of the City of Dublin. seven days before a s:::heduled hearing in that speci:6c case; and provided further that the City Snlif"itor of the City of Dublin reserves the right under this conb:act to represent the Citv of Duhlin in any speci:6c case filed in or coming before the Franklin County Municipal Court upon giving written notice to Ronald J. O'Brien, City Attr::n:ney far the City of Columbus, Ohio, seven days before a s:::hedu1ed hearing in that speci.fic case that the C:i:ty Solicitor of the City of Dublin. Ohio, intends to represent said City or Village in that speci:6c case. Ronald J. O'B:rien. City Attorney of Columbus. Ohio, further agrees that he. will direct his progecutor peI:S::ll1I1el. who are in peri'ocIu the services contemplated by this Contract, in consult and advise the officers of the Citv of Dublin. Ohio, Police Department, and all other appropriate nffil""i::ll!": of the Citv of Dublin. Ohio, when necessary, concerning the prcsecution Ot' enfaI:cement of the cr:iminal. 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. Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will, by and through the pennnnel assigned to dtrt:ies in the Columbus City PI:csecut:ar's Office, consult with and adv.ise all pelBJllS concerning v:iol.at::ions of the crimina1 statlltes of the state of Ohio, alleged to have cx:CUJ:red within the limits of the Citv of Dublin. Ohio, and will as:rl.st such citizens, w hen necessary, in the int.e:rests of justice, in the preparation and filing of complaints chaI:ging such offenses. Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he will undertake to represent the Bureau of Motnr Vehicles, by and through pers:mnel employed by the Columbus City Attnmey's Office, in all cases coming before the Franklin County Municipal Court,. Civil Divisionr arising out of the appeal procedures of Ohio Revised Code Sections 4511.191 and 4507.40 and in which the legal represerrt;a.ti.ve of the Cii<! of Dublin. Ohio, would have a duty to represent the Bureau of Motor Vehic:les. The Citv of Dublin. Ohio, in canside1:ation of the above promises of Ronald J. O'BI::ien, City Attamey of Columbus, Ohio, agrees to pay to Ronald J. O'BIi.erlr City Attorney of Columbus, Ohio, far depcsi:t in the T.r:eas.n:er of the City of Columbus, the sum of Forty Dall.aI:s ($40.00) per man-hour, being the uni:farm rate per hour fOt' such S31:Vi.ces by membel:s of the City PI:csecut:ar's staff, with a minimum charge of one-half 00ur fOt' s::hedu1ed court hearings, as fixed by :res:furt:ion. of the Council of the City of Columbus. Said sum due to be stated an invoice from the City Attamey of Columbus, Ohio, at approximately monthly inte1:vaJs. It is mutually unde1:sb::xxl and agreed tl1at: the responsibiJ.:i: of Ronald J. O'Brien, City Attorney of Calumbus, Ohio, under this Contract S1all. be limited to thc::sa functions sat out above, and speci.fi.cally that he and his Pn:secutar Ot' Civil Page 2 . . . Litigation peI:S:lnnel,. by which he c:hcx::sas to perform this Contract, shall not be required to engage in any investigat:ions other than thc:a3 n:mnally peUOLlIIed by the Columbus City P:r:09ecutnr's Office in regard to and incident to the prc::s3CUtion thereby of routine cases arising in the City of Columbus, the taking of depcsLtions, the prcsecution 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 farce and effect from the date fust written al:xJve through December 31. 1989. unless terminated ear:lier, as provided herein. IN WITNESS WHEREOF, the parties have executed this Contract, this ..JQ day of ~ . 198-1. CITY OF COLUMBUS DEPARTMENT OF LAW RONALD J. O'BRIEN CITY ATTORNEY ~~- Ronald J. O'Brien CITY OF DUBLIN . OHIO By ~ 1L/J)1B ,j ~ I l) ,,,.', /, /1'/AI-i1 - ('I "v",,~ , Page 3 ..**.. CIVIL DIVISION ,," """",,, "" "... CRIMINAL DIVISION 90 W. Broad Street ** ~ ... 375 S. High Street Columbus, Ohio 43215 : (Zfb'> : Columbus, Ohio 43215 614/645-7385 ~;';. (~I\ :::.., 614/645-7483 FAX 614/645-7051 .;~ "flJlV J~\' FAX 614/645-7051 -t'~f.{~;f,I*i"t" CLAIMS DIVISION REAL ESTATE DIVISION 90 W. Broad Street RONALD J. O'BRIEN 50 W. Gay Street Columbus, Ohio 43215 Columbus, Ohio 43215 614/645-7717 CITY ATTORNEY 614/645-7712 FAX 614/645-7051 COLUMBUS, OHIO FAX 614/645-7051 February 23, 1989 Frances M. Urban Clerk of Council City of Dublin 6665 Coffman Road Dublin, Ohio 43017 Dear Ms. Urban: Enclosed you will find an executed copy of the contract between the City of Dublin and Ronald J. O'Brien, City Attorney of Columbus, Ohio for legal representation in the Franklin County Municipal Court, Criminal Division, and also representation of the Bureau of Motor Vehicles of certain cases in the Civil Division of the Franklin County Municipal Court. Thank you for your cooperation. onald J. O'Brien City Attorney RJO:jml Enclosure 1559L . . . C I T Y 0 F 0 U B L I N January 18, 1989 Mr. Ronald J. O'Brien City Attorney 90 w. Broa~ StFeet Co1umpus, Ohio 43215 Dear Mr. O'Brien: Enclosed please find Ordinance No. 03-89 as passed by the Dublin City Council on Monday, January 16, 1989 relating to legal representation for the City of Dublin by the Columbus City Attorney's Office in the Franklin County Municipal Court, Criminal Division, and also representation of the Bureau of Motor Vehicles of certain cases in the Civil Division of the Franklin County Municipal Court. I Also enclosed, as requested, are three copies of the contract which you will sign and return an executed copy of same to this office. Sincerely, /.7 )II!, z;t1kJ -....J .JttMr.-a..:) Frances M. Urban Clerk of Council fmu 6665 Coffman Road · Dublin, Ohio 43017 · (614) 761-6500 Dublin o 0 0 where yesterday meets tomorrow . CIVil DIVISION ....:,,:,,7,~..... CRIMINAL DIVISION 90 W Broad Street /" <' ~ " \ 375 S. High Street COlu~bus, Ohio 43215 :.' : Columbus, Ohio 43215 614/222-7385 ',.';;.,~ 614/222-7483 FAX 614/222-7051 ~~ ~ ....."" FAX 614/222-7051 ~~~~~1f'j.-'f CLAIMS DIVISION REAL ESTATE DIVISION 90 W. Broad Street RONALD J. O'BRIEN 50 W. Gay Stre~t Columbus Ohio 43215 Columbus, Ohio 43215 614/222-7717 CITY ATTORNEY 614/222-7712 FAX 614/222-7051 COLUMBUS, OHIO FAX 614/222-7051 December 20, 1988 Tim:>thy C. Hansley City Manager, Dublin 6665 Coffman Road Dublin, Ohio 43017 Dear Mr. Hansley: Enclosed please find an original and two copies of the 1989 contract between the City of Dublin and Ronald J. O'Brien, City Attomey of Columbus, Ohio, for legal representation in the Franklin County Municipal Court, Criminal Division, and also representation of the Bureau of M:>tor Vehicles of certain cases in the Civil Division of the Franklin County Municipal Court. Please sign all contracts and fill in the blank for your ordinance or resolution number, and return all three copies to this office as 8CX)n as possible for my signature. Upon receipt of same, an executed copy will be returned to you. If you have any questions or problems, please contact me. Ronald J. 0' Brien City Attomey jbam Enclosures (3)