010-90 Ordinance
'. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. __ _mlU-:-:9.0____u. Passed_ -------- ____19_
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; and,
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 7 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; and,
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 19t1tlay of February , 1990.
~7
I, Frances M. Urban Clerk of Co:.:nc'!, "f)reby certify that the
II foregoIng is a true cn!JY nf O~.F:!(n::o/~l&:l r'b 10-90
Ii ~~!Y :fdOP~~~fJ~er~l!rv::! of the Ci1g~JhiJ!n, Ob~o~ en the 19th
Attest:
y ---, ---.
JM.rd-o YlJ, 't(~
_ ~d--J1vd~ Y?7. i(AM,J Clerk of Council, Dublin, Ohio
lerk of Council
'.hereby cer:i~ thaf cop:es of this Ord'na:1(e/'~Jolfl"en 1'!P.r1'! 'loste'" :n H'"
CIty of D~bl:n m a((orda:1::~ w:tll Serron 731 25 of .!,,, 0" OJ : d C d
' a.,y:o 1\9v,se' 0 e.
--47Wk YJj7,~
Clerk of Council, Du6lin, Ohio
.. ,...
...
~
CONTRACT
This Agreement, entered intn beginning on January 1, 1990, by and between
Ronald J. O'Brien, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 487-
82, pa:sed March 8, 1982, and the CiW of Dublin. Ohio,
Ordinance
by Timothy C. Hansley pursuant to Q~luU'XJ1. No. 10-90. far
the prcsecuti.on of certain cases before the Franklin C01IDty Municipal Court,
Criminal Division, and fQ[' the representation of the Bureau of Motor Vehicles of
certain cases in the Franklin County Municipal Court, Civil Division; rnw, therefore,
the parties hereto agree as follows:
Ronald J. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he
will undertake to prcsecut.e, by and through pers:mnel employed by the Columbus
City ~s Office, all cases coming before the Franklin County Municipal
Court, Criminal Division, arising out of alleged violat:ions of traffic and criminal
aroinances of the City of Dublin. Ohio, Q[' traffic and criminal statutes of the state
of Ohio, which occur within the limits of the City of Dublin. Ohio; provided
rowever, Ronald J. O'Brien, City Attarney of Columbus, Ohio, :re3erV€S the :right to
decline to repre:;ent the City of Dublin under this cont:ract in any specific C893.
filed in Q[' coming before the Franklin County Municipal Court upon giving written
notice to the City Solic:i:tor of the City of Dub1:iI\. seven days before a s::heduled
hearing in that specific C893; and provided :further' that the City Solic:i:txr of the
Citv of Dublin :re:e:rves the :right under this cont:ract to represent the City of
Dublin in any speci:fic C893 filed in Q[' coming before the Franklin County Municipal
Court upon giving written notice to Ronald J. O'Brien, City Attarney far the City
of Columbus, Ohio, seven days before a s::::heduled hearing in that specific C893 that
the City Solic:i:tor of the Citv of Dub1:iI\. Ohio, i.rrt:Ends to represent said City Q['
Village in that specific C893.
Ronald J. O'Brien, City Attarney of Columbus, Ohio, further agrees that he
will direct his pra:ecutor pers:mnel who are to perform the services contemplated
by this Contract, to cons..ll.t and advise the offi.ceI:s of the Citv of Dub1:iI\. Ohio,
- .,
.
Police Deparbnent.. and all other appropriate nffil"!io:l'~ of the CiW of Dublin. Ohio,
when neces:;a:ry, cancerning the pn:secuti.on or en:for:cement of the cd.minal and
traffic statutes of the State of Ohio and ordinances of the CiW of Dublin. Ohio,
within the li.mi:ts of said CiW of Dublin Ohio.
Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he
will.,. by and through the pe:rronnel a:Bigned tn duties in the Columbus City
P:ra3ecut:ar"s Office, COI1.9..Ilt with and advise all per:s::ms cancerning violaI::i.on3 of the
cd.minal statJ.rt:es of the state of Ohio, alleged in have occurred within the limits of
the CiW of DubliI\. Ohio, and will assist SJch citizens, when necessary, in the
interests of justice, in the preparation and filing of complaints chaI:ging SJch
offeI19:S.
Ronald J. O'Brien, City Attnmey of Columbus, Ohio, further agrees that he
will undertake tn represent the Bureau of Motar' Vehicles, by and through pem:>nnel
employed by the Columbus City Attnmey'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 representati.ve of the CiW of Dublin Ohio, would have a duty tn represent
the Bureau of Motar' Vehicles.
The Citv of DubliI\. Ohio, in consideration of the above prom:is:s of Ronald
J. O'Brien, City Attorney of Columbus, Ohio, agrees in pay in Ronald J. O'Brien,
City A ttnmey of Columbus, Ohio, far depcsi..t in the Treas.o:er of the City of
Columbus, the SJm of Forty DoIlaJ:s ($40.00) per man-hour, being the uniform rate
per hour for such services by members of the City P:ra3ecut:ar"s staff, with a
minimum charge of one-half hour for ocheduled court hea:dngs, as fixed by
re::olut::ion of the Council of the City of Columbus. Said sum due tn be stated on
invoice from the City Attorney of Columbus, Ohio, at approximately monthly
.inteI:vals.
It is mub..1ally undeI:Stood and agreed that the responsibility of Ronald J.
O'Brien, City Attorney of Columbus, Ohio, under this Contract shall be limited in
1:hc:Ee funct:ions set out above, and specifically that he and his P:ro3ecutx:n:' or Civil
Page 2
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.
.
. Litigation pe:rs:>nne.1., by which he choa::as to perform this cartract, S1all IXJt be
required to engage in any investigations other than 1::hc:a3 normally perfor:med by the
Columbus City ~s Office in regard to and :inci.dent to the prceecuti.on
thereby of routine cases arising in the City of Columbus, the taking of depcsi:tions,
the prceecuti.on of appeals by the pla:inti.ff City or state from judgments of the
Franklin County Municipal Court, or the preparation or CXIDSideration of legislation.
This Contract may be terminated by either party hereto at any time before
the expiration theIeOf by giving thirty (30) days written notice to the other party
of its intention to terminate.
The parties hereto furt:her agree that this Contract S1all be in full :farce and
effect from the date fust written above through December 31. 1990. unless
ternrinated eadier, as provided herein. --1
IN W HER EO F, the parties have executed this cartract, this
,
day of VI 1990.
CITY OF COLUMBUS
DEPARTMENT OF LAW
"
Ronald J. 0 'Brien
~ ~L,J
OF . 0 HIO
By ~
Page 3
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C I T Y 0 F 0 U B L I N
February 23, 1990
Mr. Ronald J. O'Brien
City Attorney
90 w. Broad Street
Columbus, Ohio 43215
Dear Mr. O'Brien:
Attached are two signed copies of the 1990 contract between the City of Dublin
and Ronald J. O'Brien, City Attorney of Columbus, Ohio, for legal representa-
tion 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.
Also attached is a copy of Ordinance No. 10-90 passed by the Dublin City
Council on February 19, 1990 related to same.
Sincerely,
/? . 't~
J)dL~ '7/}
Frances M. Urban
Clerk of Council
6665 Coffman Road · Dublin, Ohio 43017 · (614) 761-6500
Dub Ii n where yesterday meets tomorrow
.
CIVIL DIVISION lf~:\l:"~ II- If..,. CRIMINAL DIVISION
90 W. Broad Street / C' A. .* 375 S, High Street
Columbus, Ohio 43215 *~* Columbus, Ohio 43215
. I~ .
"...... ~ \ \1",- 614/645.7483
614/645-7385 ';;;~" ~ "C~;'
FAX 614/645-7051 FAX 614/645.7051
:i;!vt'~;~f(F
CLAIMS DIVISION REAL ESTATE DIVISION
90 W. Broad Street RONALD J. O'BRIEN 50 W. Gay Street
Columbus, Ohio 43215 Columbus, Ohio 43215
614/645-7717 CITY ATTORNEY 614/645-7712
FAX 614/645-7051 COLUMBUS, OHIO FAX 614/645-7051
January 9, 1990
Ti.m::>thy C. Hansley
Ci-ty Manager, Dublin
6665 Coffman Road
Dublin, Ohio 43017
Dear Mr. Hansley:
Enclosed please find an original and two cx:pies of the 1990 CC>Iltract
between the City of Dublin and Ronald J. 0' Brien, City Atto:rney of Columbus,
Ohio, for legal representation in the Franklin County Municipal Court,
Criminal Division, and also representation of the Bureau of fvbtor Vehicles of
certain cases in the Civil Division of the Franklin County Municipal Court.
Please sign all contracts and fill in the blank for your ordinance or
resolution ntn11ber, and return all three cx:pies to this office as soon as
possible for my signature. Upon receipt of same, an executed a:>py will be
returned to you.
If you have any questions or problems, please CC>Iltact me.
~lY~ .
I(
, ~
Ronald J. 0' J.en '
City Atto:rney
/barn
Enclosures (3)