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Home My WebLink About079-92 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No, 30043 Ordinance No._____ _u 79-92 Passedmu_ --- ------- ---------.-- mm_19n -- -------- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY r 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 470- 92; NOW THEREFORE, BE IT OR~INED by the Council of the City of Dublin, state of Ohio, of the elected members concurring that: 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 t emergency measure necessary for the preservation of the public ........... peace, health, safety, and welfare, and therefore shall take effect and be in force immediately upon its passage. Passed this J ..sr day of ~ , 1992. .,/ Officer ATTEST: c;{h,~ C!- ~~- Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~a~ Clerk of Council, Dublin, Ohio ,.... . ..... ~ -~L...~lII~~~",."""."";,,.e;"H '-"".''''''-'-''~\'''''-''''1t1li':::-~ ~ ~ JI ~.,-.,~. ____m.._.______.__...._ . ": ~ , . CONTRACT This Agreement, entered into beginning on January 1, 1992, by and between Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 470-92, passed March 9, 1992, and the City of Dublin, Ohio, by 1""" pursuant to Ordinance/Resolution No. , for the prosecution of certain cases before the Franklin County Municipal Court, Criminal Division, and for the representation of the Bureau of Motor Vehicles of certain cases in the Franklin County Municipal Court, Civil Division; now, therefore, the parties hereto agree as follows: Ronald J. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he will undertake to prosecute, by and through personnel employed by the Columbus City Prosecutor's Office, all cases coming before the Franklin County Municipal Court, Criminal Division, arising out of alleged violations of traffic and criminal ordinances of the City of Dublin, Ohio, or traffic and criminal statutes of the state - of Ohio, which within the occur limits of the City of Dublin, Ohio; provided however, Ronald J, O'Brien, City Attorney of Columbus, Ohio, reserves the right to decline to represent the City of Dublin under this contract in any specific case filed in or- coming before the Franklin County Municipal Court upon giving written notice to the City Solicitor of the City of Dublin, seven days before a scheduled hearing in that specific case; and provided further _~~at the City Solicitor of the City of Dublin reserves the right, under this contract to repre"sent the City of Dublin in any specific case filed in or coming' before the Franklin County Municipal Court upon giving ~ .... . ,. .... . , written notice to Ronald J. O'Brien, City Attorney for the City of Columbus, Ohio, seven days before a scheduled hearing in that specific case that the City Solicitor of the Citv of Dublin, Ohio, intends to represent said City or Village in that specific case. When the aforementioned ,notice is given that the City Solicitor of the City of Dublin will represent said municipality in a specific case and no prosecution time has been expended but a file has been prepared, or subpoenas issued, or other preliminary work done on that case, there shall be a flat charge of Twenty Dollars ($20.00) that the municipality agrees to pay. Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will direct his prosecutor personnel who are to perform the services contemplated by this Contract, to consult and advise the officers of the City of Dublin, Ohio, Police Department, and all other appropriate officials of the City of Dublin, Ohio, when necessary, concerning the prosecution or enforcement of the criminal and traffic statutes of the State of Ohio and ordinances of the Ci~y 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 personnel assigned to duties in the Columbus City Prosecutor's Office, consult with and - advise all persons concerning violations of the criminal statutes of the State of Ohio, alleged to have occurred within the limits of the City of Dublin, Ohio, and will assist such citizens, when in . . necessary, the interests of justice, in the preparation and - . filin~ of complaints charging such offenses. )., Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will undertake to represent the Bureau of Motor Pri0P ? " - . .. , Vehicles, by and through personnel employed by the Columbus City Attorney'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 representative. of the City of Dublin, Ohio, would have a duty to represent the Bureau of Motor Vehicles. The City of Dublin, Ohio, in consideration of the above promises of Ronald J. O'Brien, City Attorney of Columbus, Ohio, agrees to pay to Ronald J. O'Brien, City Attorney of Columbus, Ohio, for deposit in the Treasurer of the City of Columbus, the sum of Fifty Dollars ($50.00) per hour, being the uniform rate per hour for such services by members of the City Prosecutor's staff, with a minimum charge of one-half hour for scheduled court hearings, as fixed by resolution of the Council of the City of Columbus. Said sum due to be stated on invoice from the City Attorney of Columbus, Ohio, at approximately monthly intervals. It is mutually understood and agreed that the responsibility of Ronald J. O'Brien, City Attorney of Columbus, Ohio, under this Contract shall be limited to those functions set out above, and specifically that he and his Prosecutor or Civil Litigation personnel, by which he chooses to perform this Contract, shall not be required to engage in any investigations other than those - - normally performed by the Columbus City Prosecutor's Office in regard to and incident to the prosecution thereby of routine cases arising in the City of Columbus, the taking' of depositions, the prosecution of appeals by the ,plaintiff' City or State from judgments of the Franklin County Municipal Court, or the preparation or consideration of legislation. -, Paae 3 -'._~,--,-,'.'^'"- - . ~ , . This Contract be terminated by either party hereto at may 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 force and effect from the date first written above through December 31, 1992, unless terminated earlier, as provided herein. "", IN WITNESS WHEREOF, the parties have executed this Contract, this day of , 1992. CITY OF COLUMBUS DEPARTMENT OF LAW RONALD J. O'BRIEN CITY ATTORNEY Ronald J. O'Brien OF , Ohio ,.., ~. By ~ """- P::1rrr.> 4