001-03 OrdinanceRECORD OF ORDINANCES
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Ordinance No ....................0.1.-.03........_...................... Passed ...................................................:.............., .......................
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE COLUMBUS, OHIO
CITY ATTORNEY FOR PROSECUTION OF CRIMINAL CASES
IN THE FRANKLIN COUNTY MUNICIPAL COURT,
CRIMINAL DIVISION, AND REPRESENTATION OF
THE BUREAU OF MOTOR VEHICLES FOR CERTAIN CASES
IN THE CIVIL DIVISION OF THE FRANKLIN COUNTY
MUNICIPAL COURT, AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin desires to use the services of the Columbus City
Attorney's Office for prosecution of Dublin cases in the Franklin County Municipal
Court, Criminal Division, and also for representation of the Bureau of Motor Vehicles for
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 in the Franklin
County Municipal Court, Criminal Division, and representation of the Bureau of Motor
Vehicles for certain cases in the Franklin County Municipal Court, Civil Division, under
the terms and conditions provided in the attached contract (Exhibit A).
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 this ~_ day of GY _ , 2003.
ay mg icer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Q,~,,, e k of Council, Dublin, Ohio
Division of Court Services
6565 Commerce Parkway Dublin, OH 43017
Phone: 614-410-4920 • Fax: 614-410-4490
CITY OF DUBLIN
Memo
To: Members of the Dublin City Council
From: Jane S. Brautigam, City Manager ~'~~, 5 , '
Date: December 13, 2002
Initiated By: Donald W. Colby, Director of Court Services
Re: Ordinance for approval of Columbus City Prosecutor Contract
Summary
The attached contract is for services provided by the City Attorney of Columbus to cover all costs of prosecution in
the Franklin County Municipal Court for cases generated by the City of Dublin. This contract is the same contract we
signed last year and the costs have remained at $75 per hour. This was budgeted in the 2003 budget, so it has no
unanticipated impact on the Court Services budget.
Recommendation:
Staff recommends adoption of Ordinance No. 01-03 on first reading
CONTRACT
This Agreement, entered into beginning on January 1, 2003, by and between the 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:
The City Attorney of Columbus, Ohio, hereby agrees that he/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, the City Attorney of Columbus, Ohio, reserves the right to decline to
represent the City of Dublin, Ohio 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, Ohio, seven days before a scheduled hearing in that specific case; and
provided further that the City Solicitor of the City of Dublin, Ohio reserves the right under this
contract to represent the City of Dublin, Ohio in any specific case filed in or coming before the
Franklin County Municipal Court, upon giving written notice to the 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, Ohio
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 bill for whatever time has been expended on the case, which the municipality agrees to
pay.
The City Attorney of Columbus, Ohio, further agrees that he/she will direct his/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.
The City Attorney of Columbus, Ohio, further agrees that he/she will, by and through the
personnel assigned to duties in the Columbus City Prosecutor's Office, consistent with its
policies and practices in connection with its duties in the City of Columbus, 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.
The City Attorney of Columbus, Ohio, further agrees that he/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 to the City Attorney of
Columbus, Ohio, and agrees to pay to the City Attorney of Columbus, Ohio, for deposit with the
Treasurer of the City of Columbus, the sum of Seventy-five Dollars ($75.00) 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 each scheduled court hearing, as fixed by resolution of the
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Council of the City 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 the City Attorney of
Columbus, Ohio, under this Contract shall be limited to those functions set out above, and
specifically that he/she and his/her Prosecutor or other designated personnel by which he/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, consistent
with the policies and practices of the Prosecutor's Office in connection with criminal offenses in
the City of Columbus.
It is further mutually understood and agreed that, notwithstanding any of the above
provisions of this Contract, the City of Dublin, Ohio shall have the absolute right, in its sole
discretion, to undertake to prosecute by and through the Prosecutor of the City of Dublin, Ohio,
any case coming before the Franklin County Municipal Court arising out of alleged violations of
the Codified Ordinances of the City of Dublin, Ohio, 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 the 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, Ohio or on behalf of any defendant. The City of Dublin, Ohio shall notify the
City Attorney of Columbus, Ohio, within ten (10) days thereafter if it intends to handle that
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appeal, and in the absence of such notice, agrees that the 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, Ohio shall have the
right to decline the prosecution of any appeal on its behalf by the City Attorney of Columbus,
Ohio; however, should the 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, Ohio has declined to prosecute, then the City Attorney of Columbus, Ohio,
shall have the right to prosecute such appeal at his/her own expense, and the City of Dublin,
Ohio agrees to provide the Columbus City Attorney with any information necessary to prosecute
such appeal.
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
1st day of January, 2003 through December 31, 2003, unless terminated earlier as provided
herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
2002.
CITY OF COLUMBUS, DEPT. OF LAW
OFFICE OF THE CITY ATTORNEY
CITY OF DUBLIN, OHIO
By
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