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HomeMy WebLinkAbout29-93 Ordinance ....,.,~"~ t '", .' . ., RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.__ . _29__93_ Passed.- . . ._- n _19_._ I ~r- AN ORDINANCE AUTHORIZING THE CITY MANAGER """"" TO ENTER INTO A CONTRACT WITH THE FRANKLIN t COUNTY PUBLIC DEFENDER'S OFFICE FOR DEFENSE OF INDIGENT MISDEMEANTS, AND DECLARING AN EMERGENCY - WHEREAS, the Franklin County Public Defender's Office is not willing to provide its services to the City's Mayors Court; and, WHEREAS, the City has a constitutional duty to provide some mechanism whereby indigent defendants may obtain court appointed counsel; and, WHEREAS, the public defender's office is willing to enter into a contract with the City to provide defense services to indigent defendants whose cases are transferred from the City of Dublin Mayor's Court to the Franklin County Municipal Court. NOW, THEREFORE, BE IT ORDAINED, by the Council for the City of Dublin, State of Ohio, 7 of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute the contract attached hereto as Exhibit "A" with the Franklin County Public Defender Commission, wherein said commission shall provide legal defense services to defendants whose cases have been transferred from the City of Dublin Mayor's ........... Court to the Franklin County Municipal Court. Section 2. This ordinance be, and the same hereby is, declared to be an .......- emergency measure for the preservation of public peace, health or welfare of the residents of this City, and therefore this ordinance shall take effect and be in force immediately upon its passage. Passed this 3yA. day of tn;r- , 1993. ~~~ ~ . ~ere posted in the Clerk of Council . f t!-;is Ordma"te . d \ helebv certify that copies 0:' . 731 25 of the Ohio ReVised Co e. City 1)' Dublin in accordance with Settlon . ~ A- ~ C..RA~ /I" /r\ r ot\ Clert< of Countit. Dub 10, 10 -- ......... I 1..."..., "..,-"",mr"",. ".",,-,.,,,,,,-,-'.~~ . -~--.-,.~,"",,-, ~~~~.'...'-~ ~'- iii If";~ ~/---- . -- ("> '., ~4 ~ - ..~' ~ C/<t-,;ofT CONTRACT This Agreement, beginning on Januarv 1, 1993, by and between the Franklin county Public Defender Commission, pursuant to Ohio Rev. Code, section 120.14(E) (Page 1990), and the city of Dublin, Ohio, for the defense of indigent defendants before the Franklin county Municipal Court; the parties agree as follows: The Franklin County Public Defender commission hereby agrees to represent, through the personnel employed by the Franklin county few' Public Defender Commission, all indigent persons, coming before the Franklin County Municipal Court, criminal Division, charged with a violation of an ordinance of the city of DUblin, Ohio, which occur If;, within the limits of Dublin, Ohio; provided that the Franklin County ~ublic Defender commission, reserves the right to decline representation if a conflict of interest exists in any specif ic case filed in or coming before the Franklin county Municipal Court; and, provided further, that the city Solicitor of DUblin, Ohio, reserves the right to appoint other counsel to represent defendants charged with a violation of an ordinance of DUblin, Ohio, or traffic and/or criminal statutes of the State of Ohio, which occur within the jurisdictional limits of DUblin, Ohio in any specific case filed in or coming before the Franklin County Municipal Court. The City of DUblin, Ohio, agrees to pay the sum of $50.00 per case. said sum due to be stated by invoice from the Franklin County Public Defender at quarterly intervals. Checks or warrants should be made payable to the Columbus city Treasurer - Public Defender Service. This contract may be terminated by either party at any time before the expiration of the contract, by giving thirty (30) days written notice to the other party, of its intention to terminate. The parties further agree that this Contract shall be in full fill"" force and effect from the date first written above through December . 31, 1993, unless terminated earlier, as provided herein. -.. I IN WITNESS WHEREOF, the parties have executed this Contract, this day of , 1993. city of Dublin BY: city Manager of Dublin Franklin County Public Defender commission BY: Richard F. Swope Chairman ,.,..""