046-79 Ordinance
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MA'{ l' 1979.,
URD1NANCE NO. i-/..11
AN URDINANCE AUTHORIZING THE MAYOR AND
0 CLERK-TREASURER OF THE VILLAGE OF DUBLIN
TO ENTER INTO A MUTUAL AID AGREEMENT BETWEEN
'f,. , THE VILLAGE OF DUBLIN POLICE DEPARTMENT AND
THE DELAWARE COUNTY SHERIFF'S OFFICE fu~D
COUNTY CO}ft1ISSIONERS.
WHEREAS, in the interest of the public health, safety and
welfare of inhabitants of the Village of Dublin, it is necessary
to have an agreement for mutual police aid and protection with
the Delaware County Sheriff's Office for the Village of Dublin,
Ohio,
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village
of Dublin, Ohio, ~ members concurring, that:
Section l. The Mayor and Clerk-Treasurer of the Village of
Dublin be, and hereby are authorized to execute on behalf of the
,-.,' Village of Dublin the Contract of 11utual Aid between the police
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\.; department of the Village and the Delaware County Sheriff's Offic
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attached hereto as Exhibit A and incorporated herein.
Section 2. in accordance with said agreement attached here-
to, the Village of Dublin Police Department is authorized to pro-
vide such services as therein called for and to request such
services of the Delaware County Sheriff, as necessary for the pro
tection of the inhabitants of the Village of Dublin, Ohio.
Section 3, That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
~/ 7k-~~"
resi ent Pro Tempore
0 ~~~cer
ATTEST, ~
~,. .
Clerk - Teasurer
Passed this 1'" day of MAi , 1979.
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MUTUAL AID AGREEMENT
~ This Contract made and entered into this 7"" day of
, , milt by and between the Village of Dublin,
'-' , 1979,
Ohio, a municipal corporation organized and existing under and by
virtue of the laws of the State of Ohio, and the County of Delawar ,
State of Ohio, Office of the Sheriff of Delaware County, Ohio,
both legal entities capable of entering into contracts under the
laws of the State of Ohio,
WITNESSETH:
1-JHEREAS , R. C. Section 311.U7 authorizes the County
Sheriff to call to his aid such persons as necessary in the per-
formance of his duty, and
1-JHEREAS , R. C. Section 311.29 authorizes the Sheriff
to enter into contracts with municipal corporations whereby the
~ Sheriff undertakes and is authorized by the contracting subdivi-
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sion to perform any police function, exercise any police power
or render any police service in behalf of the contracting subdi-
vision, and
WHEREAS, R. C. Section 509.06 authorizes Chiefs of
Police, Constables or Marshalls to call the Sheriff of the County
to their aid in any State cases,
NOW, THEREFORE , the parties hereto, each in considera-
tion of the mutual promises and obligations assumed herein by the
other, agree as follows:
(1) Each party hereto will respond, so :tar as in the
judgment of the officer in charge of its police department is
C consistent with the proper protection of its own territory, to th
call of the officer on duty in charge of the police department of
any other party hereto for police assistance.
(2) When an officer of any police department calls fo
assistance he shall state the specific emergency and equipment
and manpower needed. When assistance is called for, the officer
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! requesting such assistance shall give explicit directions as to
the location where assistance is needed and shall, whenever possi-
ble, dispatch someone to a specific meeting place to escort the
persons responding to their destination.
'" (3) It is further mutually agreed that no charge shal~
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'-J be made for this service by either party, and further, that each
party shall assume the expense of loss or damage to equipment or
apparatus that it may incur in the other party's municipality or
territory, or while responding to a call made pursuant to the
terms of this Contract.
(4) It is further mutually agreed that all personnel
of the responding party, while responding to a call of the cal1in
party, shall be acting within the scope of their employment by
the responding party, while en route to, en route from, and while
acting within the territory of the calling municipality.
(5) That for the purpose of affording additional
0 police protection to themselves, and their inhabitants, the par-
ties hereto do hereby mutually agree to interchange the services
of police departments, and use of police emergency equipment and
to that end, it is hereby mutually agreed that they will assist t e
party hereto primarily responsible by responding to any call from
the chief or other duly constituted public official of the subdi-
vision which is a party of this agreement, with its police equip-
ment, or other emergency vehicles and policemen, and will render
like services while so responding as it renders to itself and its
own inhabitants, provided however, that in no case shall the
party hereto called upon or rendering such service be liable in
damages to any other party hereto or any of its inhabitants, or
0 contractual obligees, for failure to answer any call, or for lack
of speed in answering any such call, or for any inadequacy of
equipment, negligent operation of equipment, or for any cause
whatsoever growing out of such use of said police equipment and
personnel; nor shall the party hereto which issued such call be
liable in any manner or event for damages or loss of equipment or
personnel suffered by the party or parties answering such call.
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(b) At any occasion to which additional assistance iSf
called, pursuant to the terms of this contract, the senior office
of the calling municipality or county sheriff present and in
charge of the department of such municipality or county sheriff's
~ office shall have full charge of and authority over any assisting
.1 equipment and personnel responding pursuant to such call.
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I (7) It is further mutually agreed that this contract
shall be in effect as to parties signatory hereto and after the
date of execution by such parties for a period of three (3) years
provided, however, that either party may withdraw therefrom upon
thirty (30) days written notice to the other party thereto.
IN ',VITNESS WHEREOF, the Village of Dublin has caused
to be affixed its corporate seal and name by its Mayor and Clerk-
Treasurer and the County of Delaware and Delaware County Sheriff
have caused their names to be affixed hereto, all as authorized
by the Ordinance or Resolution of Councilor governing body of
each respective party as hereinafter set forth.
0 VILLAGE OF DUBLIN COUNTY OF DELAWARE
By: ~~~ By:
~~ County Commissioner
nfJ)
C er - reasurer
Pursuant to Ordinance No. DELAWARE COUNTY SHERIFF
Passed: , 1979
By:
0 Purusant to
Passed: , 197 ~