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Home My WebLink About40-95 Ordinance -_._--~--~---~--~-_._._.~ . , \ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance N 0 .m_u__~D__=_=_~_?_n Passed___m_ _n ____om m___m _ nn___n19 ___._On AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY ,If"'-'" OF COLUMBUS, omo, 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 ORDAINED by the Council of the City of Dublin, State of Ohio, 7 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 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. ".". , r Passed this S.-rJ'1. day of , 1995. M~ Mayo! - Presiding Officer ATIEST: ~ C!- ~lJ0 Clerk of Council I hereby certify that copies of this Ordinance were posted in the City of Dublin in accordance with -'" Section 731.25 of the Ohio Revised Code. - .......... ~t.A..- C- ~ Clerk of Council, Dublin, Ohio . CONTRACT . into beginning on January 1, 1995, This Agreement, entered 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 ~iB'... pursuant to Ordinance/Resolution No. for the prosecution , ~:.,j 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 occur within the 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 that the City Solicitor of the City of Dublin reserves the right under this contract to represent the City of Dublin in any specific case filed in or coming before the Franklin County Municipal Court upon giving - ".'. '-~' P"" _'_.U" .. ~ ..."",-----, . ,;.;-~"-.,,,..-., ,. . ~ 'iJio' .~ illIi> - _.""","."",.~~'~--~--"'" """'''"' . 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 City 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 City 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 necessary, in the interests of justice, when requested by the local police or prosecutor, in the preparation and filing of complaints charging such offenses. -2- JIIIIIII Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will undertake to represent the Bureau of Motor 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, ~Mli 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 lirni ted 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 consic.eration of legislation. -3- - ~....-,,~. ~ .....~-,'"'~..< ~. ."'" " -~ ~ '.. ~.'" 5" ..~"' ... ~ ";'~ <._~.,~,.......~-~-~-,".....,...~,~~ . It is further mutually understood and agreed that, notwithstanding any of the above provisions of this Contract, the City of Dublin shall have the absolute right, in its sole discretion, to undertake to prosecute by and through the Prosecutor of the City of Dublin, any case coming before the Franklin County Municipal Court, arising out of alleged ",...., violations of the Codified Ordinances of the City of Dublin, or ~ alleged violations of the traffic and criminal statutes of the state of Ohio, which occur within the limits of the City of Dublin, Ohio, or any appeal from judgments of the Franklin County Municipal Court relating thereto. It is further mutually understood and agreed that, Ronald J. O'Brien, City Attorney of Columbus, Ohio, shall notify the City of Dublin, Ohio, by and through its Prosecutor, of the filing of any Notice of Appeal from judgments of the Franklin County Municipal Court within the purview of this Contract, within five ( 5 ) days of such filing, whether such Notice of Appeal is filed on behalf of the City of Dublin or on behalf of any defendant. ~'I!!l The City of Dublin shall notify Ronald J. O'Brien, City Attorney - of Columbus, Ohio, within ten (10) days thereafter if it intends to handle that appeal, and in the absence of such notice, agrees that Ronald J. O'Brien, City Attorney of Columbus, Ohio, shall handle that appeal at the hourly rate specified herein. It is further mutually understood and agreed that, the City of Dublin shall have the right to decline the prosecution of any appeal on its behalf by Ronald J. O'Brien, City Attorney of Columbus, Ohio; however, should Ronald J. O'Brien, City Attorney of Columbus, Ohio, desire to prosecute an appeal from any judgment of the Franklin County Municipal Court within the -4- - " . purview of this Contract, that the City of Dublin has declined to prosecute, then Ronald J. O'Brien, City Attorney of Columbus, Ohio, shall have the right to prosecute such appeal at his own expense. This Contract m,'1Y be terminated by either party hereto at . 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. 1995, unless terminated earlier, as provided herein. IN WITNESS WHEREOF, the parties have executed this Contract, this day of , 1995. CITY OF COLUMBUS DEPARTMENT OF LAW RONALD J. O'BRIEN CITY ATTORNEY - Ronald J. O'Brien ..... - OF , Ohio By -5- -