70-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
70-97
Ordinance No_________________________
19---- -
Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE CITY OF
COLUMBUS, OHIO 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 for 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 374-96;
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 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
to ensure the preservation of the public peace, health, safety and welfare, and therefore
shall take effect and be in force immediately upon its passage.
Passed thi day of , 1997.
iGi
ayor -Presiding Officer
ATTEST:
~Yi~v~~-
Clerk of Council
I hereby cert;fy that conies of this Ord•,nance/Resetutipa were posted in the
City of Dublin in accordance witp Section 731.25 of the Ohio Revised Code.
~S~ Clerk Co cil, Dubl ,Ohio
CIVIL DIVISION
90 W. Broad Street
Columbus, Ohio 43215-9013
614/645-7385
FAX 614/645-6949
CLAIMS DIVISION
90 W. Broad Street
Columbus, Ohio 43215-9013
614/645-7717
FAX 614/645-6949
Mayor Chuck Kranstuber
City of Dublin
6665 Coffman Road
Dublin, Ohio 43217
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JANET E. JAC^ K.~:
CITY ATTORNEY
COLUMBUS, OHIO
March 31, 1997
Re: 1997 Contract with the
City of Columbus City Attorney's Office
Dear Mayor Kranstuber:
CRIMINAL DIVISION
375 S. High Street
Columbus, Ohio 43215-9013
614/645-7483
FAX 614/645-8902
REAL ESTATE DIVISION
109 N. Front Street
Columbus, Ohio 43215-9021
614-645-7712
FAX 614-645-3913
Enclosed please find an original and two copies of the 1997 contract between the City of
Dublin and Janet E. Jackson, City Attorney of Columbus, Ohio 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.
Please sign all contacts and fill in the blank for your ordinance or resolution number. These
contracts must have certification with the Columbus City Auditor's Office, therefore, it is imperative
that all three copies be returned to this office for my signature. Upon receipt of the same, an
executed copy will be returned to you.
As you may note there has not been a rate increase for this year. We do, however, anticipate
that next year there will be a five percent (5%) increase. Therefore, you should budget and plan
accordingly.
If you have any questions, please contact me.
Sincerely,
y ~~-~
~. ~ -
f
J .Jackson
City Attorney
City of Columbus
/sae
Enclosures (3)
CONTRACT
This Agreement, entered into beginning on January 1, 1997 by and between Janet E. Jackson,
City Attorney of Columbus, Ohio, pursuant to Ordinance No. 374-96, passed February 26, 1996, and
the City of Dublin, Ohio, by ,pursuant to Ordinance/Resolution
No. ,for the prosecution 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:
Janet E. Jackson, City Attorney of Columbus, Ohio, hereby agrees that she 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, Janet E. Jackson,
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 written notice to Janet E. Jackson, 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.
Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will direct her
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.
Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she 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.
Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she 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, would have a duty to represent the Bureau of Motor
Vehicles.
The City of Dublin, Ohio, in consideration of the above, promises of Janet E. Jackson, City
Attorney of Columbus, Ohio, agrees to pay to Janet E. Jackson, City Attorney of Columbus, Ohio, for
deposit in the Treasurer of the City of Columbus, the sum of Fifty Five Dollars ($55.00) 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
2
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 Janet E. Jackson, City Attorney
of Columbus, Ohio, under this Contract shall be limited to those functions set out above, and specifically
that she and her Prosecutor or Civil Litigation personnel, by which she 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 consideration
of legislation.
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, Janet E. Jackson, 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. The City of Dublin shall notify Janet E. Jackson, City Attorney of
Columbus, Ohio, within ten (10) days thereafter if it intends to handle that appeal, and in the absence
~nuncontr.frm 1/97 3
of such notice, agrees that Janet E. Jackson, 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 Janet E. Jackson, City Attorney of Columbus, Ohio;
however, should Janet E. Jackson, City Attorney of Columbus, Ohio, desire to prosecute an appeal from
any judgment of the Franklin County Municipal Court within the purview of this Contract, that the City
of Dublin has declined to prosecute, then Janet E. Jackson, City Attorney of Columbus, Ohio, shall have
the right to prosecute such appeal at her own expense.
This Contract may 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, 1997 unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
1997.
CITY OF COLUMBUS, DEPT. OF LAW
JANET E. JACKSON, CITY ATTORNEY
Janet E. Jackson
City of Dublin, Ohio
~muncontr.fnn 1/97
By
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