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Home My WebLink About40-93 Ordinance ~~~"~~-~-""'*--~-" . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. nnnmAQ-!J_3. Passednm mmmnmnm nnnnnmmn19n . + 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 -- 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 with 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, THEREFO'lf' BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio,. of the elected members concurring that: Section ,. 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 r' 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 shall take effect and be in force on the earliest date I permitted by law. I I Passed this A I Sf day of cr ' 1993. ~A_ cP.-~ ,.... Clerk of Council , '-" I t Jm.-k" , ",'r. ~'hat cop:es of this Ordinanre,'itl:l)ululiuftwere posted in the I Or If Duolin in accordance with Section 731.25 of the OtIio Revised Cod.. I I ~- (p_ (P~.JA.LA,; I I (ferk of Council, Dublin, Ohio i i I I i I I I ~.:~. .,.d - )-._g,*~"""",~t'.""",":'.._-:._ '...'''''''''''9''_''"''_.,lI' iI...:.._ . ,'. '- .^~""""-'>--'''---- _lint ->t,,--: [;ft'-r: 1 "'--I ~ ,..1..- C',' 'd-'-il!..L,Milm~ . " ... ~ ~ I'OR -rD BOUSIRG 0'1 PRI8Om!1UJ 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, I'ranklin County, Ohio, by and between the Board of County Commissioners of Franklin County, Ohio, hereinafter referred to as the "County," the Sheriff of I'ranklin County, Ohio, hereinafter referred to as "Sheriff", and the Community of " " , hereinafter referred to as the "Municipality." WllBRBAS , the Municipality has no workhouse or other jail sufficient for the ~prisonment of those who violate ordinances of said Municipality, and, therefore, wishes to contract for the use of the rranklin County Correction Centers, pursuant to Section 1905.35, Ohio Revised Code, for the housing of such prisoners; and - WllBRBAS , the County i. willing to parmi t the use of it. Correction Centers for such purpo.e, subject to the availability of space as determined by the Sheriff, at the expense of the Municipality; NOW, TBBRBrOU, in consideration of the promise. and agre_ents of the County, the SUriff, and the Municipality, herein set forth, it is mutually aqreed .. follows: 1. The Sheriff will receive, safely keep, board, and maintain in the I'raakllD County Correction Centers tho.e prisoners who have beeD t.prisoned under the ordinance. of the Municipality. PAGE 1 OF 7 ~ "" ._",,,.~..".",,,,,-.,,"-,,",",~~.""'''''''''''''''~'~'_~---=-~-,,,,....,,,,...,~-,,,,-..~ L".T"t"rr .#iO<_"""",",~~_' . \ ,. 2. Said Sh.riff shall r.c.iv. and hold such persons in the mann.r pr.scribed by the ordinanc.s of the MUnicipality, until such persons are l.gally discharged. 3. Persons so imprisoned are und.r the charge of the Sh.riff b~"~. and subject to the rules, regulations, and disciplin. of the Franklin County Corr.ction C.nters, the sam. as oth.r prisoners therein detained. 4. No person under Bighteen (18) y.ar. of age shall be r.c.iv.d or held in the Corr.ction Centers, exc.pt that such persons may be held on an emergency basi. a. d.t.rmin.d by the Sh.riff. 5. a. Th. MUnicipality shall pay to the County a charge -' of $40.00 per day for .ach municipal pri.oner incarc.rated in the Franklin County Correction Cent.rs und.r a municipal ordinance. This charqe includ.. the cost of slating, I.D., prison.r convey betwe.n the Corr.ction Cent.rs and MUnicipal Court, and releasing, for all of which there will be DO additional charge. b. The $40.00 per diem charge will be as....ed tor each calendar day or part of a calendar day duriA9 which a prisoner i. incarcerated in the rr&Dk1iD County Corr.ction Center. pur.uant to a municipal PAGE 2 OF 7 ~ '_-~".,"~'-".._~,-,..., _1i '-~r ,'f .., ,.,."'.':-.-.-.:......k::~ .. ...."",'.'.~_"*_""'__. . , . 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 $40.00 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 $40.00 per diem rate. If such prisoner is being held on behalf of multiple municipalities, they will equally spli t the one- half (1/2) share. ~ e. The MUnicipality's responsibility for its share of per diem costs shall begin when a prisoner is slated into the rranklin County Correction Centers under its municipal ordinance. The MUnicipality's responsibility for its share of per diem shall terminate when a prisoner being held under its ordinance(s) is released from the Correction Center or is no longer held under its ordinance, including release to house arrest. PAGE 3 OF 7 ,.... . -_.~.~-,~.""~".,,,,~~~.,._,,-..~" ",,",,.-~ -_._"'""'._---.~, . . 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 prisoner., 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 prisoner. 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 in the same manner as provided in paragraph 5 for per diem charge.. If a MUnicipality specifically causes or approves a .~ transport by court order, that Municipality shall solely pay any expense thereby created. 7. All rea.onable and necessary expen.e. incurred by the County and/or the Sheriff in any habeas corpus proceeding. for or against any such prisoner are extra expense. and shall be paid by the MUnicipality in the ...... manner a. provided in paragraph 5 for per diem charge. unle.s otherwise paid. 8. In the event of the illne.. or injury of any such prisoner, requiring ho.pitalization or .pecial treatment PAGE 4 OF 7 _"'"u,_,',~"'.",",".......~~...c-..-,,,,,,.. "~~'- .. "--'~,'~"~..-. " ~-' ia "- -Viil'f:"'.i!4'l>ii':,-'<f"'.' ,17 ~"" . or other expense, or in the event o~ any other occurrence causing extra expense to the County and/or the Sheriff in connectioD 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. Bither 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. 11. All municipal corporations shall be charged the same per diem under this Contract. Termination as to any individual municipal corporation shall be ~or violation o~ any specific proviaion of this Contract; otherwise, termination or non renewal ~or one municipal corporation shall be for all such aunicipal corporations. 12. This Contract shall C'Q~.ftce on the first day of July, PAGE 5 or 7 , _"'~"""',~___"'_ ~,'_. '..0"..'.."'"'-".... . ,. "',.. .A>"~...'".~""-'^'''- . j'" ...iw':ili '--.:.:'IF' n-: ~ .' , .'. <' '. -I:.IT -, ~f-~ (" . , -:'1',,:,- . '0,1< CT -~~ 'lWi ~~~~(i;,"-:'.;&,*"",,,jf,~~*, . 1993, and shall be in full force and effect until otherwise terminated as provided herein. 13. It 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. ~l for.mer contracts are hereby cancelled. 15. The Municipality shall pay to the County a charge ot $20.00 per day for each municipal prisoner housed in the Work Release facility under a municipal ordinance. IN WITHBSS WBBRBOI', the parties hereunto set their signatures. -, JACIt I'OOLK DATI: DOROTHY S. TUDR DAD AJU.Dm SHOBMADR DAD BOARD or COtnrl'Y COMNISSIOHBRS ra.una.IN COtnrl'Y, OSlO JIM ItARHBS, SORIrr, DAD "AIQ'LIN COtnrl'Y, OHIO PAGE 6 or 7 . ~,-,,",,^-,",,-,,-"~,,--.........,~---~-_....,,' .'" "1...-, "-''',,< ._-~-~~=' ~''''''~._,a_'.___ - ~'\i!i"1 M--...~_" . , , . . MAYOR , DATH APPROVBD AS TO rORM:" CITY ATTORNEY , DATH Ifl/iI!Ito, APPROVED AS TO I'ORM: MICBABL MILLER DATH PROSECUTING ATTORNEY I'RANlCLIN COtJRTY, ORIO -. ''''''''' PAGE 7 OF 7 ."""