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Home My WebLink About44-91 Ordinance . RECORD OF ORDINANCES . Dayton Legal Blank Co. Form No. 30043 Ordinance No.____-44=C}l_______ P assed_____ _______ _u _ __ m_____ ____u ___. _____ -- __19 ---- -- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DELAWARE MUNICIPAL PROSECUTOR IN THE DELAWARE COUNTY IfIIIII-. MUNICIPAL COURT, AND DECLARING AN EMERGENCY - WHEREAS , the City of Dublin has been utilizing the services of Michael C. Hoague, Delaware Municipal Prosecutor, to prosecute Dublin cases originating or transferring to the Delaware Municipal Court; and, WHEREAS , it is the desire of Mr. Hoague and the City of Dublin to reduce this Agreement to writing; NOW, THEREFORE, BE IT ORDAINED by Council for the City of Dublin, State of Ohio, _____ of the elected members concurring: SECTION 1- That the City Manager is hereby authorized to enter into an Agreement with Michael C. Hoague, Delaware Municipal Prosecutor, for the prosecution of Dublin cases before the Delaware County Municipal Court under the terms and conditions provided in the attached contract and addendum thereto. SECTION 2. The continuation of prosecutorial services is a mandatory element of the City's criminal justice system and as such, 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 l'7d day of 1~ 1991. , ", ., ',t f'<!tT"..,,,Sft"<obfon were posted in the 1 h,.......'..v t''''''~'''l'''' ~,...~t r:'" ~f', ~i :') '"' -.. ." ~ 0" f D'h!"n :. o,,')":IJ 'r" \,;"1:1 Sccfon 731.25 of the Ohio Revised (oda. Cty 0 ..t II ,.I ",,'~"-- ATTEST: ~ ~ .. . ~ ~. '., ~t1.~~ Cl k of Counc~ ".... it ... . ~. _,_,___,o>~_~~~_"""",~~,-"~""""""""",;',","""",,_,",,,,'...."''''':'''<''''''j:"""';I_c:t'''''':''''''''r+''f~~~~ 1f..J.'KJ...i!"lL ,::'Ii.~rj_.J(..._.. ~.~ l><?\'~lin:.;;";.J.n"".'''''''''' .... . AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DELAWARE MUNICIPAL PROSECUTOR IN THE DELAWARE COUNTY MUNICIPAL COURT, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin has been utilizing the services of Michael C. Hoague, Delaware Municipal Prosecutor, to prosecute Dublin cases originating or transferring to the Delaware Municipal Court; and, WHEREAS, it is the desire of Mr. Hoague and the City of Dublin to reduce this Agreement to writing; NOW, THEREFORE, BE IT ORDAINED by Council for the City of DUblin, State of Ohio, ____ of the elected members concurring: SECTION 1. That the City Manager is hereby authorized to enter into an Agreement with Michael C. Hoague, Delaware Municipal Prosecutor, for the prosecution of Dublin cases before the Delaware county Municipal Court under the terms and conditions provided in the attached contract and addendum thereto. SECTION 2. The continuation of prosecutorial services is a mandatory element of the City's criminal justice system and as such, 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. _._".._,~"."~_~,"",,,.a',",,,,,",,_~;_"''''''"^_,_^,_ - ._~~..~,~,',""""''''~''-''' on . liii."."-"-'-iI'-~""'I'lI'-" ~;~.-_~~~---;1.<,""~"'~"""-""""""_'--~~_""";;C""_'-- . ... Passed this _ day of , 1991. Mayor - Presiding Officer ATTEST: Clerk of Council " ,..o~." ."." __,,,-,"...,.,,>:, ii----h ' , t ~rr.:_.lir ~, !faw @/Ica STEPHEN J. SMITH 5354 CEMETERY ROAD DONALD BRECKENRIDGE P.O. BOX 7 OF COUNSEL: May 29, 1991 HILUARD, OHIO 43026-0007 MITCHELL H BANCHEFSKY (614) 876-1229 FAX (614) 876-4477 ,^~''''- Mr. Timothy C. Hansley city Manager city of Dublin 6665 Coffman Road Dublin, OH 43017 Re: Delaware County prosecutorial services Contract Dear Tim: Pursuant to my discussions with the Mayor and Michael Hoague, Delaware Municipal Prosecutor, enclosed please find an execution copy of the contract for his services. Please note that we have amended paragraph 3 which sets forth the payment and reimbursement provisions to provide for quarterly payments of $462.50 rather than a lump sum payment of the full amount. Please note further that since we have been working under an oral understanding, the execution of this contract has not been a high priority for any of the parties concerned. As such, by the time this contract is approved by Council and executed by you, we will in all likelihood owe Mr. Hoague the first two payments thereon. I have also enclosed herein a proposed ordinance authorizing you to enter into this contract. Please forward this on to Frances for placement on the next available council agenda. Please advise if you have any questions. Very truly yours, ~ Mitchell H Banchefsky MHB:as Enclosures cc: Nan Metz Laura Colwell ,",..._ _~~..__._ - - ._._..-...,.._'-e_....__._ <-,.<_.......- -- _u..c~._""""".._ j'.:,......., -....'" ADDENDUM TO EMPLOYMENT AGREEMENT FOR PROSECUTORIAL SERVICES This Addendum shall serve as a modification to paragraph 3 of the document entitled "Employment Agreement for Prosecutorial Services" between the City of Dublin and Michael C. Hoague, -. Delaware Municipal Prosecutor. Paragraph 3 entitled, "Payment and Reimbursement:", as set forth in the underlying agreement is hereby deleted in full and replaced with the following revised paragraph: 3. PAYMENT AND REIMBURSEMENT Dublin shall pay the Prosecutor the non-refundable sum of ONE THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($1,850.00), payable in quarterly installments of FOUR HUNDRED SIXTY-TWO DOLLARS AND FIFTY CENTS ($462.50). Upon execution of this Agreement, Dublin shall pay the Prosecutor any and all sums due and owing under this payment schedule from January 1, 1991. Dublin further agrees that it will reimburse Prosecutor for expenses incurred by him on behalf of Dublin, including mileage at the rate of twenty-five cents ($.25) per mile. Prosecutor agrees to provide materials, paper and secretarial services in connection with the prosecutorial services rendered pursuant to this Agreement. FOR THE PROSECUTOR MICHAEL C. HOAGUE FOR THE CITY OF DUBLIN BY: Timothy C. Hansle . -,.,.~~--,~~~_...~~'"..."..-.,.....- 2aw tC~ STEPHEN J. SMITH 5354 CEMETERY ROAD DONALD BRECKENRIDGE P.O. BOX 7 OF COUNSEL: May 29, 1991 HILUARD,OHI043026-0007 MITCHELL H BANCHEFSKY (614) 876-1229 FAX (614) 876-4477 ,~ Mr. Timothy C. Hansley city Manager ~ City of Dublin 6665 Coffman Road Dublin, OH 43017 Re: Delaware County Prosecutorial services Contract Dear Tim: Pursuant to my discussions with the Mayor and Michael Hoague, Delaware Municipal Prosecutor, enclosed please find an execution copy of the contract for his services. Please note that we have amended paragraph 3 which sets forth the payment and reimbursement provisions to provide for quarterly payments of $462.50 rather than a lump sum payment of the full amount. Please note further that since we have been working under an oral understanding, the execution of this contract has not been a high priority for any of the parties concerned. As such, by the time this contract is approved by Council and executed by you, we will in all likelihood owe Mr. Hoague the first two payments thereon. I have also enclosed herein a proposed ordinance authorizing you to enter into this contract. Please forward this on to Frances for placement on the next available council agenda. Please advise if you have any questions. Very truly yours, ~ Mitchell H Banchefsky MHB:as Enclosures cc: Nan Metz Laura Colwell -~-"""'~-~-,~~.'..' - .'"" '-'-"<-".'''''- =-M"__"___.'~~'~ ADDENDUM TO EMPLOYMENT AGREEMENT FOR PROSECUTORIAL SERVICES This Addendum shall serve as a modification to paragraph 3 of the document entitled "Employment Agreement for prosecutorial Services" between the City of Dublin and Michael C. Hoague, Delaware Municipal Prosecutor. Paragraph 3 entitled, "Payment and Reimbursement:", as set forth in the underlying agreement is hereby deleted in full and replaced with the following revised paragraph: 3. PAYMENT AND REIMBURSEMENT Dublin shall pay the Prosecutor the non-refundable sum of ONE THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($1,850.00), payable in quarterly installments of FOUR HUNDRED SIXTY-TWO DOLLARS AND FIFTY CENTS ($462.50). Upon execution of this Agreement, Dublin shall pay the Prosecutor any and all sums due and owing under this payment schedule from January 1, 1991. Dublin further agrees that it will reimburse Prosecutor for expenses incurred by him on behalf of Dublin, including mileage at the rate of twenty-five cents ($.25) per mile. Prosecutor agrees to provide materials, paper and secretarial services in connection with the prosecutorial services rendered pursuant to this Agreement. FOR THE PROSECUTOR MICHAEL C. HOAGUE FOR THE CITY OF DUBLIN BY: _'..._,,'"_..__ h" '__,",_,,,,"'_~.w._~=~-"""-~'~''''' "" r . .~. _ ::; 121 _ ':;0 1 F R I 1 121 : 4 121 S T E P HEN __T S M I T HAT T .-... - P - 121::; . , ~ '1l.\-q, .. EMPLOYMENT AGREEMENT FOR ~OS!CU'l'9RIAL SfJtVICES This Con~ractual Agreemenc is made and en~ered into this Ii day of JV/Jf ~ 1991, between Michael C. Hoague~ Esquirep hereinafter referred/to 8B "Prosecutor" and the City of Dublin. Ohio. hcreinDfter referred to as ~Dublintl~ according to the following terms and conditions: .- 1. NATURB OF EMPLOYMENT: Dubliu hereby contracts with Prosecutor for his services and Prosecutor does hereby accept and agree the~eto. Prosecutor agrees that he or his qualified designee shall render legal advice to Dublin and its elecced or appointed officials in regards to criminal pro6ecutions in the Delaware Municipal Court of violations occurring within corporate limits of the City of Dublin, and sholl perform such other duties as are customarily performed by one holding such posi~ioD in siadlar municipalities. 2. 'rP..RM OP AGREEMENT: The term of this Agreement ahall bo for calandcr year 1991, in its entirety, commencing on January 1~ 1991 through December 31p 19'1, subject however, to aut~tic renewal on an annual basis. Said Agreement is also subject to prior termanation and or non-renewal as hereinafter provided. 3. PAYMANT AND RBXM8URSBMENT: Dublin shall pay Prosecutor the nonrefundable sum of ONE THOUSAND EIGHT HUNDRBD fIfTY DOLLARS ($1,850.00), payable in advance. Dublin further agree that it will rei.burs8 Prosecutor for expenses incurred by him on behalf of Dublin, including ~laBe at the rate of $.25 per mile. Prosecutor arees to provide materials, paper and secretarial services iu conneetion with the prosecutorial services rendered pursuant to this Aareement. 4. TERMnu.TlON Of AGRRP.MRMT: Notwithstanding anything to the contrary contained in this Agreement, both parties are hereby siven the option to terminate this AgreeJDent upon giving thirty (30) days written notice to the other. Furthermore, said Agreement 1s subject to modification upon mutual agreement of the parties. s. A~PLlCABLB LAW: The parties hereto agree that it is their intention that tbis Agree.eDt and the perfo~ce thereunder be CODstrued in accordance witb the laws of tbe State of Ohio and shall superee4e any prior agreements fo~ perfo~Dce of the prosecutori.1 services specified hereunder. ~ __ '_"~'~..A~.,"",",~"~.~_"~__..,,, .'~___',v_"."..,"",,"""",", . _.G-30-91 FRI 10:41 STEPHEN J SMITH ATT...... P.05 ~ ADDEJlDUM TO EMPLQYKEMT AGREEMENT FOR PROSECUTORIAL SERVICES This Addendum shall serve as a modification to paragraph 3 of the document entitled "Employment Agreement for Prosecutorial services" between the city of Dublin and MiChael C. Hoague, i Delaware Municipal Prosecutor. paraqraph 3 entitled, "Payment and I Reimbursement:", as set forth in the underlying agreement is hereby I deleted in full and replaced with the following revised paragraph: I 3. fA~MENT AND REIMBURSE~ENT I I 1 I DUblin shall pay the Prosecutor the non-refundable sum of ONE THOUSAND EIGHT HUNDRED FIFTY DOLLARS ( $1 , 850. 00) I payable in quarterlY installments of FOUR HUNDRED SIXTY-TWO DOLLARS AND FIFTY CENTS ($462.50). Upon execution of this Agreement, Dublin shall pay the Prosecutor any and all sums due and owing under this payment schedule from January 1, 1991. Dublin further agrees that it will reimburse Prosecutor for expenses incurred by him on behalf of Dublin, inoluding mileage at the rate of twenty-five cents ($.25) per mile. Prosecutor agrees I to provide materialS, paper and secretarial services in connection with the prosecutorial services rendered pursuant to this I Agreement. I I FOR THE PROSECtn'OR I I '-httd.~ I MJ:cltAEL c. FOR THE CITY OF DUBLIN Q-~~ BY: Timothy c. Hansley _._-,-~"'-'-"~_.^,'--~~ - ...._.---......_->-~- ~'_.o,.... " ~f I"; E' - :3 121 - 9 1 FRI 1121:41 STEPHEN J SMITH ATT~'" - P.04 . , . \ 1991 I"BOGBCU"1'OR1AL szaVJ:CBS ~ BY FROGBCU'rOR BOAGUB AND DUBLJ:1lf FG. 2 IN WITNESS WHEREOP, Michael (i.. Hoague, Esq., hos caused this Agreement to be signed and executed aDd tbe City of Dublin has caused this Agreement to be signed and executed by its undersigned representative(s), pursuant to ItvO...lut-ioa/Ordinance No. t/~"I _._.u on tbe day and year first above written. fOR THB PROSBctrl'OR Ml~~ POR THB CITY Of DUBLIN 0.- ~ BY: ~~~~~It. -