02-04 OrdinanceRECORD OF ORDINANCES
Inc.
Ordinance No. ~2-~4
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE CITY
ATTORNEY OF COLUMBUS, OHIO IN THE FRANKLIN
COUNTY MUNICIPAL COURT, AND DECLARING AN
EMERGENCY
WHEREAS, the services of the City Attorney of Columbus, Ohio is required to
prosecute Dublin cases in the Franklin Municipal Court; and
WHEREAS, the City Attorney of Columbus, Ohio has requested that the City of
Dublin execute a contract to formalize this arrangement.
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 execute the contract
attached hereto as Exhibit "A" with the City Attorney of Columbus, Ohio to prosecute
Dublin cases before the Franklin County Municipal Court.
SECTION 2. That this ordinance is declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, safety or welfare.
Therefore, this ordinance shall be effective upon passage.
Passed this ~`~ day of Gt, , 2004.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
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CONTRACT
This Agreement, entered into beginning on January 1, 2004, 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 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 will direct his 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 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 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 and his Prosecutor or other designated personnel by which he 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 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, 2004 through December 31, 2004, unless terminated earlier as provided
herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
2003.
CITY OF COLUMBUS, DEPT. OF LAW
RICHARD C. PFEIFFER, JR.
CITY ATTORNEY
CITY OF DUBLIN, OHIO
By
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