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126-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.___ 126-98 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,~7~ 9~5; NOW THSF$EFORE, 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 (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 (/!1998. ayor -Presiding Officer ATTEST: -- Clerk of Council 1 hereby certify that copies of this OrrlinancelResolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. . ~~Y . ~SS~:Clerk Council, Dublin, Ohio CIVIL DIVISION ~****+ * 90 W. Broad Street * ~ ; Columbus, Ohio 43215-9013 614/645-6949 # ~ ~ ~F~.~isl`~. '~ ` I I I ~ I VV , ' FAX 614/645-6949 ~ r ~'r~'~CtftF~1`~ CLAIMS DIVISION so W. Broad Street JANET E. JACKSON Columbus, Ohio 43215-9013 CITY ATTORNEY 614/645-7717 COLUMBUS, OHIO FAX 614/645-6949 October 29, 1998 r Mr. Stephen J. Smith City Attorney City of Dublin 6665 Coffman Road Columbus, Ohio 43217 Re: 1999 Contract with the City of Columbus City Attorney's Office Deaz Mr. Smith: PROSECUTOR DIVISION 375 S. High Street Columbus, Ohio 43215-4530 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 aze an original and two copies of the 1999 contract between the City of Dublin and Janet E. Jackson, City Attorney of Columbus, Ohio. This contract is for the prosecution of criminal cases in the Franklin County Municipal Court, Criminal Division and also representation of the Bureau of Motor Vehicles for certain cases in the Civil Division of the Franklin County Municipal Court. This yeaz we are endeavoring to get the contracts signed prior to the start of the contract's term. The term of the contract is from January 1, 1999, to December 31, 1999. Therefore, we aze requesting that you return the contracts prior to December 15, 1998. Please sign all contracts and fill in the blank for your ordinance or resolution number. These contracts must be certified with the Columbus City Auditor's Office, therefore, it is imperative that all three copies be returned to this office for my signature. After certification by the auditor, an executed copy will be returned to you. The hourly rate has not changed this yeaz and will remain at $60.00 per hour for the term of the contract. If you have any questions, please contact me. /sae Enclosures (3) c: Mayor Chuck Kranstuber Sincerely, J E. Jackson City Attorney City of Columbus ~'°-`- ^...,.~ L~EC. 3.198 i~ 31Pi 1 5 Z~ D I C~NTR~CT This Agreem~ entered into beginning on January 1, 1999 by and bet<~r~ Janet $. Jackson, ~ Ci Attu .ty racy of Cvlwnbus, Ohio, purauartt to Ordinance No, 374-96 ~ ,passed February 2fi, 1996, and ~ the City of Dublin, Ohio, by pursuant to OrdinancNjtesolution Ale. ~' tl-e pmaecution of certain cases before the Franklin County Municipal Court, ~„ ' Criminal Divisio and for the r a- eFrestentation of the Bureau of Motor Vehicles of certain cases in the Franklin Courtly Miwicipat Court, Civic Division; cow, therefore, the artier hereto P agree as follows: Jam $. Iackson, City Attorney of Columbus, Ohio, hereby agms that she will wrdertake to proaoctrte, by and tlunugh personae! errtpioyed by the Columbus City Prdseattor's Office= all canes coming before the ~ranlclin County Municipal Court, Criminal Aiviaion, arising out of alleged violations of traffic and criminal mrdinances of the City of Dahlia, Oleo. or traffic and criminal atatutcs of the State of Ohio, which occur within the limits of the City of Dublin, Ohio; provided, however, Ianet E. Iaokson, City Attorney of Co&rmbus Ohio re~rves the right to decline to ' r'nt the City of Dublin, Ohio under this contract in arty apecitic case filed in or earning before the Frart(clin Cottaty Municipal Court upon giving vt notice to the City Solicitor of the City of Dublin, Ohio, seven days before a scheduled hearing is fiat specific case; &nd provided farther that the City Saliator of the City of Dublin, Ohio reserves the Might undr~r this. ~t'$ct to represert~ the city of Dublin, Ohio in any ..~ specific case filed is or eomirtg before the FranJclin Cottn~tyy Nw;tidpal Court upon gi~e6 writtdt notice to Janet E. Jackaou, City qtr ~, flu City of Cohunbus, Ohio, days 6eforo a echedttied heartag in ° case that the City Sokcitor of the Char of Dublin, Obio, intestds m represent said City or YUage in Hutt specific case. When the ails notice is given that the City Solicitor of the City of Dublin, Ohio wilt rem municipality ~ a fie ~ ~ ~ pion time l~s been tiled but a file has been prepared, or subpoenas issued, or other preliminary work do»e on that case, there shall be a bill for whatever time hoc been artpeaded oa the case, which the nnuticipaIii~- a8rees tQ pay. Lit:. 3. 1yG8 1 ~ 31Pf'i 5 Z ~ L~ fV~. 013 P. 3 Ianet E. Jackson, City Attorney of Columbus, Oleo, further agrees that she will direct her Prosecutor ~! who are to perform the services contemplated by this Cornr act, to consult a»d advise the o~cei's of the City of Ihjblin, Ohio, Police Department, aixl ~ other appropriate o~i~ of the CitX of Dublin, Ohio, whe» necessary, coming the prosecution or enforcerne»t of the criminal ~ traffic statutes of the State of Ohio and ordirsances of the City of Dubliq Ohia, within the limits of said City of Dublin, Oleo, ~"'°` ' Janet fi. Jackson, City At#orney of Columbus, Ohio, further agrees that she will, by and through ., the perscuuael assigned to dutios in the Colutnlxts City Prosecutor's Office, consistent with its pokeies and practice is conneutiott a-ith its duties in the City of Columbus, consult with and advise alI persons ning violations of the cxirnina! Mutes of the State of Ohio, alleged to have o~trred within the limits of the City of Dublin, Ohio, and will assist such eitiz~ns, when necessary, in the interests of ,justice, when requestod by ~ local licx or Po pr4secxttor, iu the preparation and fling of comglninta charging such o#f'enses. Ja>set B. Jackson, City Attorney of Columbus, Ohio, further a lid that she will undertake to repraseat the Bureau of Motor Vehicles, by and ~ pal erriployed by ~ Columbus City Attotnry's Office, in all cases eonsing before the Franklin County 1Viutucipal Coin, Civil Division, ~in$ out of the appeal prod of Ohio Revised Code S actions 4511.191 and 4S©7.44, ~ ° which the Jagal representative of the C' of Dublin, Ohio would have a du to r ~ tY epresontthe Bureau of Mc Vehicles, The City of Dublin, Ohio, iii consideration of the above, promises to Janet fi. JaoksoA, City Attorney of Columbus, Ohio, and to gay to Janet E. Jackson, City Attorney of Columbus, Ohio, for deposit in the Treasurer of the Crty of Columbus, the sum of Sixty Dollars 560.00 t ) per hour, being ~ ~ rate ~' haur ~ sum services by members of the City Prosecutor's with a minimum ~'go of orie~half hour for each aided cart as fixed by reAolution of the Council of the ' i ~ i ,.~.. DEC. 3.1999 i ~ 92F'M S c ~ D X10. C~13 P. 4 City of Columbus. Said awn due to be stated on invoice from the City Attonuy of Columbus, Ohio, at $PProttely motathty intervals. It is mutually understood and agreed that the re sponsibility of Janet F. Jackson, City Amity of Columbus, Ohio, under this Coatcact shall be limited to those functioAS set out above, ~ i ~ specifca!]y clan she and her Prosecutor or outer deAtgmtted persa~el, by which she chooses to A~os~n this Contract, shat! not be required to ongage in any investigations other thau tttoae normal! Y ~`"" l~o~ned by the Columbus City Pmaecutor'® Office itt t~egard to and incid~at to the proaeattion .~. thereby of routine cases arising in the City of Columbus, the taking of depositions, the prose ion of apps by the plaintiff City or State from 1~S~nts of the Franklin County Municipal Courg or the Preparation or consideration of legislation, eansist~t with the policies and practice of the Prosecattor's O~Ce in ConnEa'jQp vyi~ aj,~~ CS in the City Of ~'Qluulblt8. It ~ fi,rther mutuagy utter and agcaod that, ttotvvi ittg any of the above provisions Of this Contract, the City of ~~ Qjtip ! have the absohrt0 right, in it8 sole discretion, t0 undertake to prosecute by and through the PrQS~or of the City of Dublin, Ohio, any C~Se COAWtg before the Franklin County Municipal Coact, arising out of alleged violatiotta of the Codified ~dironces of the City of Dublin, Ohio, or alleged violations of tier tteffic ~ ~ statutes of the State of Ohio, which occur within the limits of the City of Dahlia, Ohio, yr any appeal #'ram judgmetua of the Frattktin County Municipal Cotert relating thereto. ~••~ It is further mutually wood and agreed that, Janet 8.7ac ksan, City Attorney of Columbus, ~, shall notify the City of Dahlia, Ohio, by att<t ~ ~ prosecutor, of the filing Qf any Notice of APIA from bents of the Fratttdin County Municipal Court within the pwview of this Contract, within five (5) days ~ such gl~ N, such Notice of Appeal is flied oa behalf of the City of Dublin, Ohio or on behalf of any def~endaat. The City of Dublin, Ohio shall notify Janet E. Jackson, City ~tro~mey of Columbus, Ohio, within ten (10) days thereafter if it i to &eundlo that appeal, and 3 DEC. 3.1558 1~33PM S Z ~ D ~t0. ~t13 P. 5 in the ab of such noticx, ~ that Janet E. Jackson, City q~rney of Columbus, Ohio, ~shal! handle that appeal at the hourly rate speci#led herein, It is fhrther mutually understood ~ ~ ,~ Cit3+ of Dublin, Ohio shall have the right to ~~~ ttte pj°on °F ~y aFP~ on its behalf by Janet E, Jackson, City Attorney of Cohuabus, Ohio; however, Should Janet E. ,aeon, Crty ,~~, of Columbus, Ohio, desire to pmseeute an appeal from anY .lud8meat of the Franklin County Municipal Court within the purview of this Cotgxact, that the City of Dublin, Ohio has declined to pt+nsecute, then Janet E, Jackson, City Attorney of Columbus, Obio, shall have the right to prosecute such appeal at her own expense, a~ the City of Dublin, Ohio agroes to provide the City Attorney with any i~'m'matioa n~essery to pmsecute such This Catttraet ntay be ~~ by ' party hereto at any time before the ercpiratioa thereof by gi~8 ~y (3p) days written stoticc to the other party of its intention to terminate. The parties hereto further age that this Contract shad be in fait force and effect from the Ist day of January, 1449 through 14 anler-s terminated earlier, as provided. herein. IN WITNESS V~EOF, t1u parties have executed this Contract, this ,~, day of 1999, CITY pF COLUII~BUB, DEPT. OF LAW JANET E. JACKSON, CITY ATTORNEY Janet E. Jackson City of Dublin, Qhio $y 4