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Home My WebLink About12-91 Ordinance I ... RECORD OF ORDINANCES --- - -------------- Daytc,n Legal Blank Co. Form No. 30043 -.---.---- Ordinance NO.um u12__91 Passedu 19 T- -- - -==---==1===-- I 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, ~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. 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 18tHay of February , 1991- t.- Attest: /J \-. ~ _/~ML'-:J7l7. ~v II Clerk of C6uncil 1 ~ereby r~ Oty of Dub'" Jl.on were posted in the ... II.. . --~ ..~ .1.... Sect,on 731.25 of the Ql' R . .i1Q ,evlsed Code- ..i "',.... & "~ L ' ." ~- r?7~. /L~ ,- Clerk of Co tif, Dublin, Ohio --4 . i ~ .. . _,., '_'{Ii A.. I , .. CIVIL DIVISION ....***.. CRIMINAL DIVISION '.' 90 W. Broad Street * * 375 S. High Street Columbus, Ohio 43215-4184 * * Columbus, Ohio 43215-4530 . ,. 614/645.7385 ~ ;; 614/645-7483 ~~~'\ FAX 614/645.7051 1'"/"i'!'~~f~'lo~ FAX 614/645-7051 CLAIMS DIVISION REAL ESTATE DIVISION 90 W. Broad Street RONALD J. O'BRIEN 109 N. Front Street Columbus, Ohio 43215-4184 Columbus, Ohio 43215-2835 614/645-7717 CITY ATTORNEY 614/645-7712 FAX 614/645-7051 COLUMBUS, OHIO FAX 614/645-7051 March 19, 1991 Frances M. Urban Clerk of Council City of Dublin 6665 Coffman Road Dubin, OH 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. RJO:jml Enclosure 734L ....... C I T Y 0 F D U 8 L I N Office of the Mayor February 22, 1991 Mr. Ronald J. O'Brien City Attorney 375 S. High Street Columbus, Ohio 43215-4530 Dear Mr. O'Brien: Dublin City Council passed Ordinance No. 12-91 as an emergency measure on Monday, February 18, 1991. A copy is enclosed. Also enclosed, per your request, are an original and two copies of the 1991 contract signed by our City Manager, Timothy C. Hansley. It is my understanding that you will return t~ me an executed copy of the contract between the City of Dublin and yourself for legal representation in the Franklin County Municipal Court, Criminal Division, as well as representa- tion of the Bureau of Motor Vehicles of certain cases in the Civil Division of the Franklin County Municipal Court. Sincerely, /? . ~ .J)~~ 71. Frances M. Urban Clerk of Council Enclosures 6665 Coffman Road Dublin, Ohio 43017 614.761.6500 FAX 614.889.0740 .. C\VIL O\VISION ......**.. CRIMINAL O\VISION " ," 90 W. Broad street * * 375 S. Hig\1 Street ColumbUS, O\1io 43215-4184 * * ColumbuS, O\1io 43215-4530 . ... ~ ~ 614/645-7483 6141645-7385 ~r. ~ ~ FA'/... 6141645-7051 j't'(H~~'t't"f FA'/... 614/645-7051 CLAIMS O\VISION REAL ESTATE O\VISION 90 W. Broad Street RONALD J. O'BRlEN 109 N. Front Street ColumbuS, O\1io 43215-4184 ColumbuS, O\1iO 43215-2835 614/645-7717 CITY ATTORNEY 614/645-7712 FA'/... 614/645-7051 COLUMBUS, OHIO FA.'/... 6141645-7051 January 25, 1991 TilTOthY C. Hansley City Manager, OUb1in 6665 COffmaI"l R08.d oub1in, OhiO 43017 Dear Me. Hansley: Er>C1osed p1eas<' fiod an or1.gwal- and bOD coPies of ~ 1991 OCX'tracI: be""""" ~ City of Dublin and B<JO'l1d J. 0' aden. City A-t;'rorneY of COlumbUS, Ohio, for legal representation in the Franklin county Municipal court ' cr:i.1l\i.n8-l Division, and alSO :representation of ~ JlUX"8U of ~ Vehicles of certain cases in ~ Civil DiVision of ~ FranJ<lin ():JU!rtY ,..,ro.cipal (l::>ICI:. Pleas<' sign all OCX't;raets and fill in ~ blanK for yore ~ or :(e5Olution ~. and ""tun' Jlll. ~ oopi.es to this office as soon as possible for llfi signatu:<e. UpOl1".,c:eipt of sare. an ~ = ,.1.11 be retu:r:ned to yav.. If y<:>J. haV" ~ questi-<<'" or pcoblarB. pI ld J. O'Brien City A-t;'rorney fbaIll Enclosures (3) .'" , CONTRACT This Agreement, entered .intD beginning on January 1, 1991, by and between Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant tn Ordinance No. 487- 82, passed Man::h 8, 1982, and the Citv of Dublin. Ohio, by Timothy C. Hansley pu:rsuant tn Ordinance~n No. 12-91 for the prcsecuti.on of certain cas=s before the Franklin County Municipal Court, C:d..rninal Division, and for the repregmtation of the Bt.lJ:Bau of f) Motor Vehic:l.es of certain cares in the Franklin C01.IDty Municipal Court, Civil i ...., Division; now, th.erefare, the parties heretn agree as follows: - - -- Ronald J. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he ~ ~ V1 will undertake tn prosecute, by and through perSJnnel employed by the Columbus it\) City Prcsecut:nr's Office, all cases coming before the Franklin County Municipal Court, C:d..rninal Division, adsing out of alleged violations of traffic and criminal ar:dinance3 of the Citv of Dublin. Ohio, or traffic and criminal stab..rtes of the state of Ohio, which occur within the limits of the Citv of Dublin, Ohio; provided oowever, Ronald J. O'Brien, City Att::arney of Columbus, Ohio, reserves the right tn decline tn represent the City of Dublin under this contract in any spec:ific case filed in or coming before the Franklin County Municipal Court upon giving written notice to the City Solic:i:tor of the Citv of Dublin, 93Ven days before a ochedu1ed hearing in that speci6c case; and provided further that the City Salic:itnr of the City of Dublin reser:ves the right under this contract tn represent the City of Dublin in any speci6c case filed in or coming before the Franklin County Municipal Court upon givin;;J written notice tn Ronald J. O'Brien, City Attnrney far the City of Columbus, Ohio, ooven days before a ochedu1ed hearing in that specific case that the City Salic:itor of the City of Dublin, Ohio, intends tn 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 p:rt:S9CUtnr perronnel woo are tn pe:rfann the s:mlices contemplated ..... . by this Contract, to cons..1l.t and advise the officem of the City of Dublin. Ohio, Police Department, and all other appropriate nffiri~'!=: of the City of Dublin. Ohio, when necessary, concerning the prcsecution ar en:farc:ement of the c::riminal and traffic stab.rt:es of the state of Ohio and ordinances of the City of Dublin. Ohio, within the limits of said Citv of Dublin. Ohio. Ronald J. O'Brien, City Att::om.ey of Columbus, Ohio, further agrees that he will., by and through the pers::>nnel assigned to duties in the Columbus City PJ:1::Eecutnr's Office, consult with and advise all pe:rs::ms concerning v.io.lations of the cd..minal statut::Es of the state of Ohio, alleged in have occurred within the limits of the Citv of Dublin. Ohio, and will assist such citizens, when necessary, in the interests of justice, in the preparation and filing of complaints charging such offen9?S. Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he will undertake to represent the Bureau of Motor Vehicles, by and through pers::>nnel employed by the Columbus City A ttnmey's Office, in all cases conting before the Franklin County Municipal Court,. Civil Division,. arising out of the appeal procedures of Ohio Revised Cooe Sections 4511.191 and 4507.40 and in which the legal representative of the City of Dublin. Ohio, would have a duty in rep:res:mt the Bureau of Motor Vehic1.es. The City of Dublin, Ohio, in consideration of the above pro~ of Ronald J. O'Brien,. City Atl:arney of Columbus, Ohio, agrees to pay to Ronald J. O'Brien, City Attamey of Columbus, Ohio, for depcsi.t in the Treasn:er of the City of Columbus, the sum of Forty Dollars ($40.00) per man-hour, being the uniform rate per hour far such oorvices by members of the City PJ:1::Eecutnr's staff, with a minimum charge of one-half l.Dur far s::heduled court hearings, as fixed by res:fu.rt:ion of the Council of the City of Columbus. Said sum due to be stated on invoice from the City A ttarney of Columbus, Ohio, at approximately monthly intervals. Page 2 ., It .is mublally understood and agreed that the responsibility of Ronald J. O'Brien, City Att:omey of Columbus, Ohio, under this Contract shall be limited m i:h.:::a3 functions set out above, and specifically that he and his Prc:secut::ar' OL Civil Litigation pem:mne1, by which he choc:s?s m perform this Contract, shall ocrt be required to engage in any investigations other than i:h.:::a3 IXIrnlally perfOJ::llIed by the Columbus City Pn::s3cutnr's Office in regard m and incident to the pra::ecution thereby of routine cases arising in the City of Columbus, the taking of depc:sitions, the p:ra:ecution of appeaJs by the plaintiff City OL state from judgments of the Franklin County Municipal Court, OL the preparation OL 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 m the other party of its intention m terminate. The part:i.es hereto further agree that this Contract shall be in full :farce and effect from the date fiJ:st written above through December 3l. 1991. unl.ess terminated ea:dier, as provided herein. IN WITNESS WHEREOF, the parties have executed. this Contract, this ~ 7 day of 8-. 1991. CITY OF COLUMBUS DEPARTMENT OF LAW RONALD J. O'BRIEN C~NEY ~ Ronald J. O'Brien ;..- C. oF~J;k~ ~ . OHIO By ~~-k{0 ' ecL07 t11'IN~-L- ( , Page 3