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HomeMy WebLinkAbout117-95 Ordinance . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance N 0 .____1_11_,,:,_i~___u P assedm_________ m___mm___mm___m __mm__19 m__ --- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF "...... THE CITY OF DUBLIN WITH FRANKLIN COUNTY FOR THE HOUSING OF PRISONERS, AND DECLARING AN EMERGENCY - WHEREAS, the City of DUblin, Ohio ("the city") does not have sufficient facilities for transporting and imprisoning those who violate the city's ordinances; and WHEREAS, the city finds that cooperation with Franklin County and other municipalities will provide the most cost-effective method of transporting and housing of prisoners; and WHEREAS, the city desires to enter into an agreement wi th Franklin County for the transportation and housing of prisoners; and WHEREAS, Franklin County desires to enter into an agreement with the City for the transportation and housing of prisoners. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, state of Ohio, ~ of the elected members concurring that: Section 1. The city, in order to provide facilities for the imprisonment of those who violate the City'S ordinances, ........ agrees to enter into an agreement with Franklin County which provides for the transportation and housing of those prisoners. - Section 2. A copy of the Contract for Housing of Prisoners is attached hereto as Exhibit A. Section 3. The City Manager is hereby authorized and directed to execute said Contract for Housing of Prisoners with Franklin County. Section 4. This Ordinance is declared to be an emergency measure necessary to protect the health, safety and welfare of the residents of this City, and therefore shall take effect upon passage. Passed this / !-r~ day of h~~, 1995. MaY~~ing Officer ATTEST: ..... ........ ~(1_~ CLerk of Council I tiereby certify that copifl of thk Orcfh'ClMtIfteT ! T"ro were posted ilt tIiI City of Dublin in accordance wi. Sedhm 731.25 (If the "'0 levked Codt. . ~C(~ ~~ Clerk Cou , Dublin, o~ ----------------- , CONTRACT FOR THE HOUSING OF PRISONERS This Contract is made pursuant to the provisions of Section 753.02 and 1905.35, Ohio Revised Code, and other applicable laws of the State of Ohio and concluded at Columbus, Franklin County, Ohio, ",.... by al1d between the Board of County Commissioners of Franklin County, Ohio, hereinafter referred to as the "County," the Sheriff - of Franklin County, Ohio, hereinafter referred t9 as "Sheriff", and the Community of " ~GJ1a6D ~ ,Dnw " hereinafter , referred to as the "Municipality. II WHEREAS, the Municipality has no workhouse or other jail sufficient for the imprisonment of those who violate ordinances of said Municipality, and, therefore, wishes to contract for the use of the Franklin County Correction Centers, pursuant to Section .- 1905.35, Ohio Revised Code, for the housing of such prisoners; and WHEREAS, the County is willing to permi t the use of its ....... Correction Centers for such purpose, subject to the availability of ~,".... space as determined by the Sheriff, at the expense of the Municipality; NOW, THEREFORE, in consideration of the promises and agreements of the County, the Sheriff, and Municipality, herein set forth, it is mutually agreed as follows: 1. The Sheriff will receJ..ve, safely keep, board, and maintain in the Franklin County Correction Centers those prisoners who have been imprisoned under the ordinances page 1 of 7 ~ ~ ~.~----~~-~-~_.- .- -,-_.-",--.. ,_,,~,__~ _"_~___..,_~~.~"...o -. of the Municipality. 2 . Said Sheriff shall receive and hold such persons in the manner prescribed by the ordinances of the Municipality, until such persons are legally discharged. "... ~ - 3 . Persons so imprisoned are under the charge of the Sheriff and subject to the rules, regulations, and discipline of the Franklin County Correction Centers, the same as other prisoners therein detained. 4. No person under Eighteen (18) years of age shall be received or held in the Correction Centers, except that such persons may be held on an emergency basis as determined by the Sheriff. - 5 . a. The Municipality shall pay to the County a charge "",... of $48.00 per day for each municipal prisoner incarcerated ln the Franklin County Correction - Centers under a municipal ordinance. This charge includes the cost of slating, I . D ., prisoner convey between the Correction Centers and Municipal Court, and releasing, for all of which will be no additional charge. b. The $48.00 per diem charge will be assessed for page 2 of 7 - -----_.,._-_._~~~,~-~~~~~.~---.~-_..__.---~. ...-. _.- - .. - - ----. each calendar day or part of a calendar day during which a prisoner is incarcerated in the Franklin County Correction Centers pursuant to a municipal ordinance. If a charge is amended from a municipal violation to a State violation, the per diem charge ...... shall terminate to the municipality. - c. If a prisoner is incarcerated based upon charges or sentences from more than one municipality, the $48.00 per diem rate will be split equally among all municipalities involved. d. If a prisoner is incarcerated based upon State and municipal charges, the Municipality will be charged one-half (1/2) of the $ 48.00 per diem rate. If - such prisoner is being held on behalf of multiple municipalities, they will equally split the one- - half (1/2) share. - e. The Municipality's responsibility for its share of per diem costs shall begin when a prisoner 1S slated into the Franklin County Correction Centers under its municipal ordinance. The Municipality's responsibility for its share of per diem shall terminate when a prisoner being held page 3 of 7 -- " "".;"~~~-","",I'."" . under its ordinance(s) is released from the Correction Center or 1S no longer held under its ordinance, including release to house arrest. f. To the extent that a federal agency of any kind is ..... paying the per diem charge, the Municipality shall - not be charged. 6. All expenses of transporting prisoners, except prisoner convey between the Correction Centers and Municipal Court as specified in paragraph 5, including their return to the place from which they were sentenced and including the expense of retaking prisoners who may violate any probation when such probation is granted with the consent of the sentencing tribunal, shall be paid in all cases by - the Municipality 1n the same manner as provided 1n paragraph 5 for per diem charges. ""'"'" If a Municipality specifically causes or approves a - transport by court order, that Municipality shall solely pay any expense thereby created. 7 . All reasonable and necessary expenses incurred by the County and/or the Sheriff in any habeas corpus proceedings for or against any such prisoner are extra expenses and shall be paid by" the Municipality in the page 4 of 7 - same manner as provided ln paragraph 5 for per diem charges unless otherwise paid. 8. In the event of the illness or lnJury 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 County and/or Sheriff ln connection with any such prisoners not herein provided, all such extra expenses shall be paid by the Municipality in the same manner as provided in paragraph 5 for per diem charges. 9 . The County will provide the Municipality a detailed invoice on a monthly basis of per diem charges and any extra expenses to the County and/or the Sheriff, ~ including, but not limited to, hospitalization, special treatment, or other expense, of the prior month and the ...... Municipality shall pay the charges within Thirty (30) calendar days after receipt of said invoice. - 10. Ei ther 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. II. The county reserves the right to adjust the per diem charges for the housing of prisoners upon sixty (60) day page 5 of 7 - _ _. ..... ~''''.~w_~=='~, ~-,"= ...... . .,.,-,,~u~~~.,...;,,",,-_..... . . notice in writing to the municipality. All municipal corporations shall be charged the same per diem under this Contract. Termination as to any individual municipal corporation shall be for violation of any specific provision of this Contract; otherwise, ...... terminatfon or nonrenewal for one municipal corporation - shall be for all such municipal corporations. 12. This Contract shall commence on the first day of January, 1996, and shall' be l.n full force and effect until otherwise terminated as provided herein. 13. If" any portion of this Contract is declared invalid as to any provision thereof or party thereto, it shall not affect the validity of any other provision herein. .- 14. All former contracts are hereby cancelled. ..... 15. The Municipality shall pay to the County a charge of - $22.00 per day or each municipal prisoner housed in the Work Release facility under municipal ordinance. page 6 of 7 - / _._~,----".- "~-" ----",-".-==. - - IN WITNESS WHEREOF I the parties hereunto set their signatures. ARLENE SHOEMAKER DATE DOROTHY S. TEATER DATE ..... - ~ DEWEY R. STOKES DATE BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO /& - ~~'B~ ~~7 I L/ll/9S I DATE I . c(r~ f^ t.J ".e1L - APPROVED AS TO FORM: -., CITY ATTORNEY I DATE APPROVED TO AS TO FORM: ~'~4/<<t~~ ~VtJ~;;.~P?/ , DATE OSE UlrING ATTO RANKLIN COUNTY, L:\HSPRIS.mun prepared 09-19-95 j1m page 7 of 7 - .~------- 1 MEMORANDUM To: City Council Members f From: Timothy C. Hansley, City Manager! Subject: Franklin County Jail Contract Date: December 4, 1995 ...... Prepared by: Laura A. Colwell, Court Administrator ~ ~ Attached please find the enclosed contract with the Franklin County Jail for housing prisoners. The contract has been modified to reflect the new cost for services and to make this contrat perpetual. This contract, if approved, takes effect on January 1, 1996, and therefore I would respectfully request that emergency language be added. If you should have any questions, please feel free to contact me. ...... - ......