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HomeMy WebLinkAbout97-93 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.____t1_..9_3________ Passed___ _____ _m _____m__________ _ _19_ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW CONTRACT ...""'" WITH THE LAW DIRECTOR, AND DECLARING AN EMERGENCY ~~ '-- WHEREAS, the City of Dublin has previously entered into an agreement with Mr. stephen J. smith for legal services; and WHEREAS, Mr. Stephen J. smith has agreed to enter into a new contract for said services under the same terms and conditions. NOW, THEREFORE BE IT ORDAINED by the Council of the City of DUblin, state of Ohio, ~ of the elected members concurring: section 1. That the agreement hereto attached as Exhibit "A" is hereby accepted. section 2. That the City Manager be, and hereby is authorized to enter into a contract with Mr. stephen J. smith to provide legal services for the City of Dublin. section 3. That this Ordinance is declared to be an emergency necessary to preserve the public health, safety and welfare and therefore shall take effect and be in force immediately upon its passage. -f" Passed this ~ ~ day of ~ 1993. 1- , f; ......... ATTEST: ~ (1__ ~ Clerk of Council Sponsor: City Manager f' ~ ...... _.~~,~ N.. R ..'*'.,,"'c._.;"',"~,,~_ v~"<<'.'!I' , , .._l~"__,, --.- ~._"-" .. r ~ - . AGREEMENT BETWEEN THE CITY OF DUBLIN AND STEPHEN J. SMITH. ATTORNEY FOR SERVICES AS CITY LAW DIRECTOR This contract for services as Law Director between the city of Dublin, an Ohio Municipal corporation, (Dublin) and stephen J. smith, attorney, (Law Director), made this ;)/ day of ~~ , 1993. WITNESSETH: WHEREAS, Dublin and the Law Director wish to continue their professional relationship. NOW, THEREFORE, intending to be bound by this agreement, the parties agree as follows: 1. Routine Services. The Law Director agrees to provide and Dublin agrees to pay for the following routine services at the rate of $95.00 per hour: a. Attendance at all regular and special Council meetings. b. Attendance at all regular and special Planning and Zoning commission meetings. c. Attendance at all sessions of Mayor's Court. d. Attendance at other board and commission meetings upon the request of the chairman or upon the request of the Manager. e. Drafting of ordinances and resolutions upon request of the Manager or Staff. f. Provide Manager with itemized monthly statement for services rendered. g. Attendance at additional meetings not specified under Regular Services. 1 ,,- , ._'-~~' ~,_,~"~~",------"~~.~~.~~_._~'". 1 . - . h. Representing the City in all litigation matters, administrative hearings, etc. i. All other work as requested by the Manager, Staff and/or Council subject to prior approval of the Manager. j. Providing legal advice to City officials as necessary or upon request, and attending meetings and/or conferences as requested by city officials. k. Responding to Manager and Staff inquiries. 1- Attendance at meetings, and discussions with City, County, state and Federal officials and other governmental officials. m. Attendance at meetings with the development community and Staff. n. Review and approval of all contracts, ordinances, etc. 2. special counsel. The Law Director will have the right to utilize the services of other attorneys both within his firm and outside his firm as Assistant Law Director, Prosecutor and/or Special Counsel, subject to the Manager's prior approval as to individual cases and fee arrangements. Pursuant thereto, Mitchell H. Banchefsky shall continue to serve as Assistant Law Director/Prosecutor, and Scott R. Mergenthaler shall continue to serve as Assistant Prosecutor. 3. Miscellaneous Provisions. a. It shall be the responsibility of the Law Director to pay for any and all municipal publications, services, updates, seminars, etc. that he or his office may utilize on Dublin's behalf, except that Dublin shall be responsible for payment of the Law Director's and Assistant Law Director's membership in municipal associations/programs which require membership by the municipal corporation. 2 .1"""" ~.. .,-_.."._""~_.""--~..~-~.~~ . ... . ~ . b. The Law Director shall cause to be installed at his own cost and expense separate dedicated telephone lines and related software so as to facilitate the exchange of data between the Law Director's computer system and that of the city of Dublin and vice versa; c. In the event that the Law Director becomes incapacitated, is for any other reason unable to perform his duties or no longer serves as Law Director, it is hereby agreed that his files and records shall become Dublin's ",...",v property except for information which would be classified as work product, under Ohio law. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF DUBLIN ~~ Timothy C. Han eY: Manager 3 ....".., -~.~.^.",,,.- - '" . . AGREEMENT BETWEEN THE CITY OF DUBLIN AND STEPHEN J. SMITH. ATTORNEY FOR SERVICES AS CITY LAW DIRECTOR This contract for services as Law Director between the city of Dublin, an Ohio Municipal corporation, (Dublin) and Stephen J. Smith, attorney, (Law Director), made this ).14T day of ~ , 1993. WITNESSETH: WHEREAS, Dublin and the Law Director wish to continue their professional relationship. NOW, THEREFORE, intending to be bound by this agreement, the parties agree as follows: 1. Routine Services. The Law Director agrees to provide and Dublin agrees to pay for the following routine services at the rate of $95.00 per hour: a. Attendance at all regular and special Council meetings. b. Attendance at all regular and special Planning and zoning commission meetings. c. Attendance at all sessions of Mayor'S Court. d. Attendance at other board and commission meetings upon the request of the chairman or upon the request of the Manager. e. Drafting of ordinances and resolutions upon request of the Manager or Staff. f. Provide Manager with itemized monthly statement for services rendered. g. Attendance at additional meetings not specified under Regular Services. 1 ~.._,.."-,~-~.~~--~,-,"'.~.- ."~~- IT . I r . h. Representing the City in all litigation matters, administrative hearings, etc. i. All other work as requested by the Manager, Staff and/or Council subject ~o prior approval of the Manager. j . Providing legal advice to city officials as necessary or upon request, and attending meetings and/or conferences as requested by City officials. k. Responding to Manager and Staff inquiries. 1. Attendance at meetings, and discussions with City, County, State and Federal officials and other governmental officials. m. Attendance at meetings with the development community and Staff. n. Review and approval of all contracts, ordinances, etc. 2. special Counsel. The Law Director will have the right to utilize the services of other attorneys both within his. firm and outside his firm as Assistant Law Director, Prosecutor and/or Special Counsel, subject to the Manager's prior approval as to individual cases and fee arrangements. Pursuant thereto, Mitchell H. Banchefsky shall continue to serve as Assistant Law Director/Prosecutor, and Scott R. Mergenthaler shall continue to serve as Assistant Prosecutor. 3. Miscellaneous Provisions. a. It shall be the responsibility of the Law Director to pay for any and all municipal publications, services, updates, seminars, etc. that he or his office may utilize on Dublin's behalf, except that Dublin shall be responsible for payment of the Law Director's and Assistant Law Director's membership in municipal associations/programs which require membership by the municipal corporation. 2 -,.,~~---~..".~~-,.,..~.~-,~.- 'it . b. The Law Director shall cause to be installed at his own cost and expense separate dedicated telephone lines and related software so as to facilitate the exchange of data between the Law Director's computer system and that of the city of Dublin and vice versa. c. In the event that the Law Director becomes incapacitated, is for any other reason unable to perform his duties or no longer serves as Law Director, it is hereby agreed that his files and records shall become Dublin's property except for information which would be classified as work product, under Ohio law. IN WITNESS WHEREOF, the parties have executed this Agreement. - CITY OF DUBLIN ~ Timothy c. Ha~Manager 3 ",!f#1"~