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Home My WebLink About010-90 Ordinance '. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. __ _mlU-:-:9.0____u. Passed_ -------- ____19_ 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; and, 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 19t1tlay of February , 1990. ~7 I, Frances M. Urban Clerk of Co:.:nc'!, "f)reby certify that the II foregoIng is a true cn!JY nf O~.F:!(n::o/~l&:l r'b 10-90 Ii ~~!Y :fdOP~~~fJ~er~l!rv::! of the Ci1g~JhiJ!n, Ob~o~ en the 19th Attest: y ---, ---. JM.rd-o YlJ, 't(~ _ ~d--J1vd~ Y?7. i(AM,J Clerk of Council, Dublin, Ohio lerk of Council '.hereby cer:i~ thaf cop:es of this Ord'na:1(e/'~Jolfl"en 1'!P.r1'! 'loste'" :n H'" CIty of D~bl:n m a((orda:1::~ w:tll Serron 731 25 of .!,,, 0" OJ : d C d ' a.,y:o 1\9v,se' 0 e. --47Wk YJj7,~ Clerk of Council, Du6lin, Ohio .. ,... ... ~ CONTRACT This Agreement, entered intn beginning on January 1, 1990, by and between Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 487- 82, pa:sed March 8, 1982, and the CiW of Dublin. Ohio, Ordinance by Timothy C. Hansley pursuant to Q~luU'XJ1. No. 10-90. far the prcsecuti.on of certain cases before the Franklin C01IDty Municipal Court, Criminal Division, and fQ[' the representation of the Bureau of Motor Vehicles of certain cases in the Franklin County Municipal Court, Civil Division; rnw, therefore, the parties hereto agree as follows: Ronald J. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he will undertake to prcsecut.e, by and through pers:mnel employed by the Columbus City ~s Office, all cases coming before the Franklin County Municipal Court, Criminal Division, arising out of alleged violat:ions of traffic and criminal aroinances of the City of Dublin. Ohio, Q[' traffic and criminal statutes of the state of Ohio, which occur within the limits of the City of Dublin. Ohio; provided rowever, Ronald J. O'Brien, City Attarney of Columbus, Ohio, :re3erV€S the :right to decline to repre:;ent the City of Dublin under this cont:ract in any specific C893. filed in Q[' coming before the Franklin County Municipal Court upon giving written notice to the City Solic:i:tor of the City of Dub1:iI\. seven days before a s::heduled hearing in that specific C893; and provided :further' that the City Solic:i:txr of the Citv of Dublin :re:e:rves the :right under this cont:ract to represent the City of Dublin in any speci:fic C893 filed in Q[' coming before the Franklin County Municipal Court upon giving written notice to Ronald J. O'Brien, City Attarney far the City of Columbus, Ohio, seven days before a s::::heduled hearing in that specific C893 that the City Solic:i:tor of the Citv of Dub1:iI\. Ohio, i.rrt:Ends to represent said City Q[' Village in that specific C893. Ronald J. O'Brien, City Attarney of Columbus, Ohio, further agrees that he will direct his pra:ecutor pers:mnel who are to perform the services contemplated by this Contract, to cons..ll.t and advise the offi.ceI:s of the Citv of Dub1:iI\. Ohio, - ., . Police Deparbnent.. and all other appropriate nffil"!io:l'~ of the CiW of Dublin. Ohio, when neces:;a:ry, cancerning the pn:secuti.on or en:for:cement of the cd.minal and traffic statutes of the State of Ohio and ordinances of the CiW of Dublin. Ohio, within the li.mi:ts of said CiW of Dublin Ohio. Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he will.,. by and through the pe:rronnel a:Bigned tn duties in the Columbus City P:ra3ecut:ar"s Office, COI1.9..Ilt with and advise all per:s::ms cancerning violaI::i.on3 of the cd.minal statJ.rt:es of the state of Ohio, alleged in have occurred within the limits of the CiW of DubliI\. Ohio, and will assist SJch citizens, when necessary, in the interests of justice, in the preparation and filing of complaints chaI:ging SJch offeI19:S. Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he will undertake tn represent the Bureau of Motar' Vehicles, by and through pem:>nnel employed by the Columbus City Attnmey's Office, in all cases coming before the Franklin County Municipal Court,. Civil Division, arising out of the appeal procedures of Ohio Revised Code Sections 4511.191 and 4507.40 and in which the legal representati.ve of the CiW of Dublin Ohio, would have a duty tn represent the Bureau of Motar' Vehicles. The Citv of DubliI\. Ohio, in consideration of the above prom:is:s of Ronald J. O'Brien, City Attorney of Columbus, Ohio, agrees in pay in Ronald J. O'Brien, City A ttnmey of Columbus, Ohio, far depcsi..t in the Treas.o:er of the City of Columbus, the SJm of Forty DoIlaJ:s ($40.00) per man-hour, being the uniform rate per hour for such services by members of the City P:ra3ecut:ar"s staff, with a minimum charge of one-half hour for ocheduled court hea:dngs, as fixed by re::olut::ion of the Council of the City of Columbus. Said sum due tn be stated on invoice from the City Attorney of Columbus, Ohio, at approximately monthly .inteI:vals. It is mub..1ally undeI:Stood and agreed that the responsibility of Ronald J. O'Brien, City Attorney of Columbus, Ohio, under this Contract shall be limited in 1:hc:Ee funct:ions set out above, and specifically that he and his P:ro3ecutx:n:' or Civil Page 2 . ' . . . Litigation pe:rs:>nne.1., by which he choa::as to perform this cartract, S1all IXJt be required to engage in any investigations other than 1::hc:a3 normally perfor:med by the Columbus City ~s Office in regard to and :inci.dent to the prceecuti.on thereby of routine cases arising in the City of Columbus, the taking of depcsi:tions, the prceecuti.on of appeals by the pla:inti.ff City or state from judgments of the Franklin County Municipal Court, or the preparation or CXIDSideration of legislation. This Contract may be terminated by either party hereto at any time before the expiration theIeOf by giving thirty (30) days written notice to the other party of its intention to terminate. The parties hereto furt:her agree that this Contract S1all be in full :farce and effect from the date fust written above through December 31. 1990. unless ternrinated eadier, as provided herein. --1 IN W HER EO F, the parties have executed this cartract, this , day of VI 1990. CITY OF COLUMBUS DEPARTMENT OF LAW " Ronald J. 0 'Brien ~ ~L,J OF . 0 HIO By ~ Page 3 . . C I T Y 0 F 0 U B L I N February 23, 1990 Mr. Ronald J. O'Brien City Attorney 90 w. Broad Street Columbus, Ohio 43215 Dear Mr. O'Brien: Attached are two signed copies of the 1990 contract between the City of Dublin and Ronald J. O'Brien, City Attorney of Columbus, Ohio, for legal representa- tion 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. Also attached is a copy of Ordinance No. 10-90 passed by the Dublin City Council on February 19, 1990 related to same. Sincerely, /? . 't~ J)dL~ '7/} Frances M. Urban Clerk of Council 6665 Coffman Road · Dublin, Ohio 43017 · (614) 761-6500 Dub Ii n where yesterday meets tomorrow . CIVIL DIVISION lf~:\l:"~ II- If..,. CRIMINAL DIVISION 90 W. Broad Street / C' A. .* 375 S, High Street Columbus, Ohio 43215 *~* Columbus, Ohio 43215 . I~ . "...... ~ \ \1",- 614/645.7483 614/645-7385 ';;;~" ~ "C~;' FAX 614/645-7051 FAX 614/645.7051 :i;!vt'~;~f(F 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 January 9, 1990 Ti.m::>thy C. Hansley Ci-ty Manager, Dublin 6665 Coffman Road Dublin, Ohio 43017 Dear Mr. Hansley: Enclosed please find an original and two cx:pies of the 1990 CC>Iltract between the City of Dublin and Ronald J. 0' Brien, City Atto:rney of Columbus, Ohio, for legal representation in the Franklin County Municipal Court, Criminal Division, and also representation of the Bureau of fvbtor 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 ntn11ber, and return all three cx:pies to this office as soon as possible for my signature. Upon receipt of same, an executed a:>py will be returned to you. If you have any questions or problems, please CC>Iltact me. ~lY~ . I( , ~ Ronald J. 0' J.en ' City Atto:rney /barn Enclosures (3)