12-91 Ordinance
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RECORD OF ORDINANCES
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Daytc,n Legal Blank Co. Form No. 30043
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Ordinance NO.um u12__91 Passedu 19 T-
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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
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 #487-82;
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 for the preservation of the public peace, health
and safety and therefore this Ordinance shall take effect and be in
force immediately upon its passage.
Passed this 18tHay of February , 1991-
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Attest:
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_/~ML'-:J7l7. ~v
II Clerk of C6uncil
1 ~ereby r~
Oty of Dub'" Jl.on were posted in the
... II.. . --~ ..~ .1.... Sect,on 731.25 of the Ql' R .
.i1Q ,evlsed Code-
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~- r?7~. /L~ ,-
Clerk of Co tif, Dublin, Ohio --4
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CIVIL DIVISION ....***.. CRIMINAL DIVISION
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90 W. Broad Street * * 375 S. High Street
Columbus, Ohio 43215-4184 * * Columbus, Ohio 43215-4530
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614/645.7385 ~ ;; 614/645-7483
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FAX 614/645.7051 1'"/"i'!'~~f~'lo~ FAX 614/645-7051
CLAIMS DIVISION REAL ESTATE DIVISION
90 W. Broad Street RONALD J. O'BRIEN 109 N. Front Street
Columbus, Ohio 43215-4184 Columbus, Ohio 43215-2835
614/645-7717 CITY ATTORNEY 614/645-7712
FAX 614/645-7051 COLUMBUS, OHIO FAX 614/645-7051
March 19, 1991
Frances M. Urban
Clerk of Council
City of Dublin
6665 Coffman Road
Dubin, OH 43017
Dear Ms. Urban:
Enclosed you will find an executed copy of the contract between the City of Dublin
and Ronald J. O'Brien, 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.
Thank you for your cooperation.
RJO:jml
Enclosure
734L
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C I T Y 0 F D U 8 L I N
Office of the Mayor
February 22, 1991
Mr. Ronald J. O'Brien
City Attorney
375 S. High Street
Columbus, Ohio 43215-4530
Dear Mr. O'Brien:
Dublin City Council passed Ordinance No. 12-91 as an emergency measure on
Monday, February 18, 1991. A copy is enclosed.
Also enclosed, per your request, are an original and two copies of the 1991
contract signed by our City Manager, Timothy C. Hansley.
It is my understanding that you will return t~ me an executed copy of the
contract between the City of Dublin and yourself for legal representation in
the Franklin County Municipal Court, Criminal Division, as well as representa-
tion of the Bureau of Motor Vehicles of certain cases in the Civil Division
of the Franklin County Municipal Court.
Sincerely,
/? . ~
.J)~~ 71.
Frances M. Urban
Clerk of Council
Enclosures
6665 Coffman Road Dublin, Ohio 43017 614.761.6500 FAX 614.889.0740
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C\VIL O\VISION ......**.. CRIMINAL O\VISION
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90 W. Broad street * * 375 S. Hig\1 Street
ColumbUS, O\1io 43215-4184 * * ColumbuS, O\1io 43215-4530
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~ ~ 614/645-7483
6141645-7385 ~r. ~ ~
FA'/... 6141645-7051 j't'(H~~'t't"f FA'/... 614/645-7051
CLAIMS O\VISION REAL ESTATE O\VISION
90 W. Broad Street RONALD J. O'BRlEN 109 N. Front Street
ColumbuS, O\1io 43215-4184 ColumbuS, O\1iO 43215-2835
614/645-7717 CITY ATTORNEY 614/645-7712
FA'/... 614/645-7051 COLUMBUS, OHIO FA.'/... 6141645-7051
January 25, 1991
TilTOthY C. Hansley
City Manager, OUb1in
6665 COffmaI"l R08.d
oub1in, OhiO 43017
Dear Me. Hansley:
Er>C1osed p1eas<' fiod an or1.gwal- and bOD coPies of ~ 1991 OCX'tracI:
be""""" ~ City of Dublin and B<JO'l1d J. 0' aden. City A-t;'rorneY of COlumbUS,
Ohio, for legal representation in the Franklin county Municipal court '
cr:i.1l\i.n8-l Division, and alSO :representation of ~ JlUX"8U of ~ Vehicles of
certain cases in ~ Civil DiVision of ~ FranJ<lin ():JU!rtY ,..,ro.cipal (l::>ICI:.
Pleas<' sign all OCX't;raets and fill in ~ blanK for yore ~ or
:(e5Olution ~. and ""tun' Jlll. ~ oopi.es to this office as soon as
possible for llfi signatu:<e. UpOl1".,c:eipt of sare. an ~ = ,.1.11 be
retu:r:ned to yav..
If y<:>J. haV" ~ questi-<<'" or pcoblarB. pI
ld J. O'Brien
City A-t;'rorney
fbaIll
Enclosures (3)
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CONTRACT
This Agreement, entered .intD beginning on January 1, 1991, by and between
Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant tn Ordinance No. 487-
82, passed Man::h 8, 1982, and the Citv of Dublin. Ohio,
by Timothy C. Hansley pu:rsuant tn Ordinance~n
No. 12-91 for the prcsecuti.on of certain cas=s before the Franklin County
Municipal Court, C:d..rninal Division, and for the repregmtation of the Bt.lJ:Bau of f)
Motor Vehic:l.es of certain cares in the Franklin C01.IDty Municipal Court, Civil i
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Division; now, th.erefare, the parties heretn agree as follows: -
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Ronald J. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he ~
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will undertake tn prosecute, by and through perSJnnel employed by the Columbus it\)
City Prcsecut:nr's Office, all cases coming before the Franklin County Municipal
Court, C:d..rninal Division, adsing out of alleged violations of traffic and criminal
ar:dinance3 of the Citv of Dublin. Ohio, or traffic and criminal stab..rtes of the state
of Ohio, which occur within the limits of the Citv of Dublin, Ohio; provided
oowever, Ronald J. O'Brien, City Att::arney of Columbus, Ohio, reserves the right tn
decline tn represent the City of Dublin under this contract in any spec:ific case
filed in or coming before the Franklin County Municipal Court upon giving written
notice to the City Solic:i:tor of the Citv of Dublin, 93Ven days before a ochedu1ed
hearing in that speci6c case; and provided further that the City Salic:itnr of the
City of Dublin reser:ves the right under this contract tn represent the City of
Dublin in any speci6c case filed in or coming before the Franklin County Municipal
Court upon givin;;J written notice tn Ronald J. O'Brien, City Attnrney far the City
of Columbus, Ohio, ooven days before a ochedu1ed hearing in that specific case that
the City Salic:itor of the City of Dublin, Ohio, intends tn represent said City or
Village in that specific case.
Ronald J. O'Brien, City Attorney of Columbus, Ohio, further agrees that he
will direct his p:rt:S9CUtnr perronnel woo are tn pe:rfann the s:mlices contemplated
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by this Contract, to cons..1l.t and advise the officem of the City of Dublin. Ohio,
Police Department, and all other appropriate nffiri~'!=: of the City of Dublin. Ohio,
when necessary, concerning the prcsecution ar en:farc:ement of the c::riminal and
traffic stab.rt:es of the state of Ohio and ordinances of the City of Dublin. Ohio,
within the limits of said Citv of Dublin. Ohio.
Ronald J. O'Brien, City Att::om.ey of Columbus, Ohio, further agrees that he
will., by and through the pers::>nnel assigned to duties in the Columbus City
PJ:1::Eecutnr's Office, consult with and advise all pe:rs::ms concerning v.io.lations of the
cd..minal statut::Es of the state of Ohio, alleged in have occurred within the limits of
the Citv of Dublin. Ohio, and will assist such citizens, when necessary, in the
interests of justice, in the preparation and filing of complaints charging such
offen9?S.
Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he
will undertake to represent the Bureau of Motor Vehicles, by and through pers::>nnel
employed by the Columbus City A ttnmey's Office, in all cases conting before the
Franklin County Municipal Court,. Civil Division,. arising out of the appeal
procedures of Ohio Revised Cooe Sections 4511.191 and 4507.40 and in which the
legal representative of the City of Dublin. Ohio, would have a duty in rep:res:mt
the Bureau of Motor Vehic1.es.
The City of Dublin, Ohio, in consideration of the above pro~ of Ronald
J. O'Brien,. City Atl:arney of Columbus, Ohio, agrees to pay to Ronald J. O'Brien,
City Attamey of Columbus, Ohio, for depcsi.t in the Treasn:er of the City of
Columbus, the sum of Forty Dollars ($40.00) per man-hour, being the uniform rate
per hour far such oorvices by members of the City PJ:1::Eecutnr's staff, with a
minimum charge of one-half l.Dur far s::heduled court hearings, as fixed by
res:fu.rt:ion of the Council of the City of Columbus. Said sum due to be stated on
invoice from the City A ttarney of Columbus, Ohio, at approximately monthly
intervals.
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It .is mublally understood and agreed that the responsibility of Ronald J.
O'Brien, City Att:omey of Columbus, Ohio, under this Contract shall be limited m
i:h.:::a3 functions set out above, and specifically that he and his Prc:secut::ar' OL Civil
Litigation pem:mne1, by which he choc:s?s m perform this Contract, shall ocrt be
required to engage in any investigations other than i:h.:::a3 IXIrnlally perfOJ::llIed by the
Columbus City Pn::s3cutnr's Office in regard m and incident to the pra::ecution
thereby of routine cases arising in the City of Columbus, the taking of depc:sitions,
the p:ra:ecution of appeaJs by the plaintiff City OL state from judgments of the
Franklin County Municipal Court, OL the preparation OL consideration of legislation.
This Contract may be terminated by either party hereto at any time before
the expiration thereof by giving thirty (30) days written notice m the other party
of its intention m terminate.
The part:i.es hereto further agree that this Contract shall be in full :farce and
effect from the date fiJ:st written above through December 3l. 1991. unl.ess
terminated ea:dier, as provided herein.
IN WITNESS WHEREOF, the parties have executed. this Contract, this ~ 7
day of 8-. 1991.
CITY OF COLUMBUS
DEPARTMENT OF LAW
RONALD J. O'BRIEN
C~NEY
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Ronald J. O'Brien
;..- C. oF~J;k~
~ . OHIO
By ~~-k{0 ' ecL07 t11'IN~-L-
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