046-88 Ordinance
RECORD OF ORDINANCES
National Graphics Corp., Cols., O. ~ Form No, 2806-A
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Ordinance No. nn_.4:~_"'~~m____ Passedmnn___n.m nm_m_mmmm mn____19_m.__
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO A
NEW AGREEMENT WITH THE LAW
DIRECTOR
WHEREAS, the City of Dublin has previously entered into an agreement
with Mr. Stephen J. Smith of Smith & Hill for legal services; and
WHEREAS, Mr. Stephen J. Smith has proposed a new agreement for said
services.
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 agreement hereto attached as Exhibit "A" is hereby
accepted.
Section 2. That the City Manager be, and hereby is, authorized to
enter into a contract with Mr. Stephen J. Smith to provide legal
services for the City of Dublin.
Section 3. That this Ordinance is declared to be an emergency
necessary to preserve the public health, safety and welfare and
therefore shall take effect and be in force immediately upon its
passage.
Passed this 2nd day of May , 1988.
(Ithr
Mayor - Presiding Officer
Attest:
i!l"e< -!l:~~~
erk of Cou cil
I hereby certify that copies of this Ordinance/Resolution were posted in tl e
City of DubEn in accordance with Section 731.25 of the Ohio Revised COile
-h/LukJ ~ ~~
./ Clerk of Council, ubli, Ohio
AGREEMENT BETWE~~1'BJ~_g_~TY o.~_.PJ,JJ?);J_:r:N
AND STEPHEN J. ~l'1IT~ ATTO~NEY
fQ~_SERVICES AS Ct~~ LAW DIREC~o.R
This contract for services as Law Director between the City
of Dublin, an o.hio Municipal Corporat~on, (Dub.l.in) and Stephen J.
Smith, attorney, (Law Director), made this M day of
~ , 1988.
WITNESSETH:
_'_~'_'_.'_-_._,-_.._._-_.,-~-_.,
Whereas, Dublin and the Law Director wish to continue their
professional relationship.
No.W, THEREFo.RE, intending to be bound by this agreement, the
parties agree as follows:
1. Routine Services. The Law Director agrees to provide
'-'-,_._~_.-
and Dublin agrees to pay for routine services, a monthly gross
retainer of $1,50.0..0.0.. Routine services shall include the following:
A. Attendance at all regular and special Council
meetings.
B. Attendance at all regular and special Planning
and Zoning Commission meetings.
C. Attendance at all sessions of Mayor's Court.
D. Attendance at other board and commission meetings
upon the request of the chairman or upon the
request of the Manager.
2 . ~~2ial_ Services ~ The Law Director agrees to provide
and Dublin agrees to pay for the following special services at the
rate of $60..0.0. per nour:
A. Attendance at additional meetings not specified
under Regular Services.
B. Preparation of ordinances and resolutions if
requested.
-1-
.
C. Litigation.
D. All other work as requested by the Manager and/or
Council.
E. Provide legal advice to City officials as necessary
or upon request, and attend meet~ngs and/or
conferences as requested by City officials.
F. Miscellaneous Serv~ces:
-calls from and meetings with staff
-citizen inquires
-meetings and discussions with city, county,
state and federal oft~c~als
-meetlngs with developers.
G. Review and approve all contracts and ordinances.
3. The Law Director agrees to provide Dublin with an
itemized monthly list of all services performed upon its behal f.
IN WITNESS WHEREOF, the parties have executed this Agreement.
~~~~
phen J. Sm~th
Law Director
CITY OF DUBLIN
by
Timothy C. Hansley
Manager, Ci ty of Du'
-2-
MEMORANDUM
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager
SUBJECT: Contract for Law Director Services
DATE: April 28, 1988
The attached Ordinance provides for the execution of a new contract between the
City and Stephen J. Smith for legal services.
As is noted in the letter from Mr. Smith to me, which is also attached, this
contract would allow for an increase in the retainer from $1,100.00 to $1,500.00
per month and an increase in the hourly rate from $45.00 to $60.00.
The proposed contract also specifies which activities would be covered under the
retainer and which would be billed separately at the hourly rate.
r recommend that this Ordinance be adopted since it proposes to maintain the
current service level in exchange for an increase which is competitive with
other legal services in the area.
TCH:fmu
Ymid wJf1tl
~a/;~
STEPHEN J. SMITH 5354 CEMETERY ROAD
MELINDA J. HILL P,O. BOX 7
DONALD BRECKENRIDGE March 21, 1988 HILLIARD, OHIO 43026
OF COUNSEL: (614) 876-1229
MITCHELL H BANCHEFSKY
Mr. Timothy C. Hansley
Dublin City Manager
6665 Coffman Road
Dublin, Ohio 43017
Re: Law Director's Contract for 1988
Dear Tim:
Enclosed per your request please find a draft contract for my
services as law director. As you will note, this contract
provides for an increase in my retainer from $1,100.00 to
$1,500.00 per month and an increase in the hourly rate from
$45.00 to $60.00. There has been some discussion to the effect
that the City might want to consider hiring an in-house law
director. In addressing this consideration, I wish to point out
that this office provides the services of three ( 3) attorneys,
one paralegal, three ( 3 ) legal secretaries, and maintains an
extensive municipal law library. Further, as you know, a
conservative estimate of the average going rate for legal
services in the central Ohio area is $100.00 per hour.
My point here is that you could certainly hire an in-house staff
attorney and possibly even cover the related overhead for
approximately the same amount you are spending now for my
services. However, I am certain that such an arrangement would
not enable you to provide the same level of service or expertise
I offer. I am able to do this by charging the City the
substantially reduced rate for my services and the services of
other attorneys in this office, due to the fact that we enjoy
representing the City and wish to continue our ongoing
relationship with Dublin.
Under the proposed contract submitted herein, it would be my
intention to continue providing you with itemized billings for
my services, which in addition to my accounting for our time,
also serves to provide you with what I consider to be a valuable
update as to the multidude of cases and issues in which we are
involved on behalf of the City.
.
Mr. Timothy C. Hansley
March 21, 1988
Page 2
After reviewing this, I would appreciate your contacting me to
discuss your thoughts relating to this proposed contract.
Sincerely,
/,----""--"-". -:/
~~i~~~
~~Phen J. Smith
SJS:dw
Enclosure