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HomeMy WebLinkAbout001-90 Ordinance - RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 01-90 Passed mm _UUU ummu _19_ Ordinance No. m___ummm_ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE HOUSING OF PRISONERS WITH THE FRANKLIN COUNTY BOARD OF COMMISSIONERS WHEREAS, the Board of County Commissioners, Franklin County, Ohio has proposed the attached contract be entered into by the Franklin County Board of Commissioners and the City of Dublin for the boarding of prisoners. NOW, THEREFORf' BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City of Dublin enter into a contract with the Franklin County Board of Commissioners to house offenders at a per diem rate of $40.00. Section 2. That the contract hereto attached as Exhibit "A" is hereby accepted. Section 3. That the City Manager be, and hereby is, authorized to enter into a contract with the Franklin County Board of Commissioners for the purpose of boarding prisoners at a rate of $40/day. Section 4. That this Ordinance is declared to be an emergency necessary to preserve the public health, safety and welfare and therefore shall take effect and be in force immediately upon its passage. Passed this 8th January 1990. day of , Ii ~~e~ II 11 Attest: I, FR./~"; 8. ~.:5 hJ. U ,{,J!3/1,.,f C!~rk "f Coun61, hp.r~bv certify that the I foregoing is 0 frue (Opy of Oid:nam~/R~dclon r!:J 01- '10 !! rfl I duli' ado~!ad by tlla (OU!1(;! of the ell' cf rbt:!i1, Oh:o, on lha ~ ltffJuk~' ~ day Cf-'J'/1Ndl1 /1..1 , /'j'iiJ ~a~-t-OYJ} ~ C erk of C nc 1 Clerk of Council, Dublln, Ohin. .... ,:'...::i< ~t''>,~ I h!) by (1'"':'" tl,::]' .' o:;r~::~T:("~::/_-\'.~:!~:'-~""~ t."''':-0 p.j'S!~~ i~ t'" ~rc vii!l; Lll Ie"~ ~ . f D I r ,.--~-_:. --- ...'. \.~-";,., 7A., ~,,' -.'.0 rv 'r, ;Jr>v;scr; '."j,,,, City 0 i.!J In ;il Ch.=...v;H,1.J...; .!.~.~ ..;.:,_.-~! J l...IJ..:.... .... ..1", -",..,,", ...... I u............ Sponsor: City Manager J~~'(i~/ / Clerk of (ount: , Ou Iin, Ohlo CONTRACT FOR THE HOUSING OF PRISONERS This contract is made pursuant to the provisions of Section 1905.35, Ohio Revised Code, and other applicable laws of the State of Ohio and concluded at Columbus, Ohio, by and between the Board of County Commissioners of Franklin County, Ohio, hereinafter referred to as the Board and the Community of Dublin, hereinafter referred to as the Municipality. WITNESSETH: The Municipality is not provided with a workhouse. or other jail for the imprisonment of those who violate ordinances of said Municipality and therefore pursuant to the provisions of Section 1905.35, Ohio Revised Code, hereby contracts for the use of the Franklin County Corrections Center for such purpose and at the expense of said Municipality. 1. In consideration of the promises and agreements of the Municipality, herein set forth, the Board promises and agrees as follows: a. The Sheriff of Franklin County will receive, safely keep, board, and maintain in the Franklin County Corrections Center those prisoners who have been imprisoned under the ordinances of the Municipality. b. Said Sheriff shall receive and hold such persons in the manner prescribed by the ordinances of the Municipality. 2 . In consideration whereof, the Municipali ty hereby promises and agrees as follows: a. To pay to the Board a per diem rate of $40.00 for each municipal prisoner so incarcerated. 3. It is mutually agreed by and between the parties hereto upon the said consideration as follows: a. Persons so imprisoned are under the charge of the Sheriff of Franklin County, and subject to the rules, regulations and discipline of said Franklin County Corrections Center, the same as other prisoners therein detained. - Page 2 of 3 b. All expenses of transporting prisoners, including their return to the place from which they were sentenced and including the expense of retaking prisoners who may violate any probation or parole when such probation or parole is granted with the consent of the sentencing tribunal shall be paid in all cases by the Municipality. c. No person under eighteen years of age shall be received. d. All reasonable and necessary expenses incurred by the Board in any habeas corpus proceedings for or against any such prisoner shall be paid by the Municipality unless otherwise paid. e. In the event of the illness or injury of any such prisoner, requiring hospitalization or special treatment or other expense, or in the event of any other occurrence causing extra expense to the Board in connection with any such prisoners not herein provided, all such extra expense shall be paid by the Municipality. f. The Board will invoice the Municipality on a monthly basis for per diem charges of the prior month and the Municipality shall pay the charges within 30 days after receipt of said invoice. g. Either party to this contract may terminate the same, except as to prisoners already received, by giving sixty ( 60 ) days notice in writing to the other party. h. This contract shall commence on the 1st day of January 1990, and shall be in full force and effect until otherwise terminated prior thereto as provided herein. All former contracts are hereby cancelled. . Page 3 of 3 IN WITNESS WHEREOF,~e parties have hereunto set their signatures this 15"..d, day 0 AI/../hhJ/' 1989. ..---'7 /' / ~~~ JACK FOULK DOROTHY S. TEATER HUGH DeMOSS APPROVED AS TO FORM SHERIFF OF FRANKLIN COUNTY, OHIO Parties of the First Part PROSECUTING ATTORNEY FOR FRANKLIN COUNTY, OHIO . C I T Y 0 F 0 U 8 L I N January 16, 1990 Earl Smith Franklin County Sheriff Franklin County Hall of Justice 369 S. High Street Columbus, Ohio 43215 Dear Mr. Smith: Please find a copy of Ordinance No. 01-90 as passed by the Dublin City Council on January 8, 1990. Also attached is a signed copy of the contract for housing prisoners. Please mail to us a copy of the contract when it has been signed by the prosecuting attorney for Franklin County, the sheriff of Franklin County, and the Franklin County Commissioners for our permanent files. Thank you. Sincerely, __-!Athdb Y/} t(~ Frances M. Urban Clerk of Council 6665 Coffman Road Dublin, Ohio 43017 614.761.6500 , --- FRANKLIN COUNTY HALL OF JUSTICE 369 S. High Street Columbus. Ohio 43215 (614) 462.3360 November 17, 1989 \.D :::::> ..a ;::- ~ :5 ::c - -- <::: '. Franklin County - -..J -- Board of Commissioners ~- '.- - 410 S. High Street ~ - . :=;:: - -. -- Columbus, Ohio 43215 ..- . f:" .'- - - Dear Board: -' to The Housing of Prisoners contracts for all suburbs and munici- palities are to be at the rate of $40.00 per day per inmate effective January 1, 1990. If further information is necessary, please feel free to contact me. - Sincerely, - .- fl~~ Franklin County Sheriff EOS/cmw .