36-96 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
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Ordinance No, --n~-()_=_~_f)mmn Passed _n U n_ - ___m_ m__ n_n_h _m Um nn _ n __19 __ m U_
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 470-92;
NOW ~EFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
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.
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.~ Section 2. That this Ordinance is hereby declared to be an emergency measure
necessary for 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 ~- ,1996,
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ATTEST:
~ cP..-CtLu~
Clerk of Council
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..... I hereby certify that copies of this Ordinance were
posted in the City of Dublin in accordance with
Section 731,25 of the Ohio Revised Code,
~(I ~
Clerk of Council, Dublin, Ohio
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CONTRACT
This Agreement, entered into beginning on January 1, 1996, by and between Ronald 1. O'Brien,
City Attorney of Columbus, Ohio, pursuant to Ordinance No, 374-96, passed February 26, 1996, and
the City of Dublin, Ohio, by Timothy C. Hansley , pursuant to OrdinancelResolution
....... 36-96
No. , for the prosecution of certain cases before the Franklin County Municipal Court,
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Criminal Division, and for the representation of the Bureau of Motor Vehicles of certain cases in the
Franklin County Municipal Court, Civil Division~ now, therefore, the parties hereto agree as follows:
Ronald 1. O'Brien, City Attorney of Columbus, Ohio, hereby agrees that he will undertake to
prosecute, by and through personnel employed by the Columbus City Prosecutor's Office, all cases
coming before the Franklin County Municipal Court, Criminal Division, arising out of alleged violations
of traffic and criminal ordinances of the City of Dublin, Ohio, or traffic and criminal statutes of the State
of Ohio, which occur within the limits of the City of Dublin, Ohio~ provided, however, Ronald 1.
O'Brien, City Attorney of Columbus, Ohio, reserves the right to decline to represent the City of Dublin
under this contract in any specific case filed in or coming before the Franklin County Municipal Court
- upon giving written notice to the City Solicitor of the City of Dublin, seven days before a scheduled
..... hearing in that specific case~ and provided further that the City Solicitor of the City of Dublin reserves
the right under this contract to represent the City of Dublin in any specific case filed in or coming before
the Franklin County Municipal Court upon giving written notice to Ronald 1. O'Brien, City Attorney
for the City of Columbus, Ohio, seven days before a scheduled hearing in that specific case that the City
Solicitor of the City of Dublin, Ohio, intends to represent said City or Village in that specific case, When
the aforementioned notice is given that the City Solicitor of the City of Dublin will represent said
municipality in a specific case and no prosecution time has been expende~ but a file has been prepared,
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or subpoenas issued, or other preliminary work done on that case, there shall be a flat charge of Twenty
Dollars ($20,00) that the municipality agrees to pay,
Ronald 1. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will direct his
prosecutor personnel who are to perform the services contemplated by this Contract, to consult and
- advise the officers of the City ofDubIin, Ohio, Police Department, and all other appropriate officials of
- the City ofDubIin, Ohio, when necessary, concerning the prosecution or enforcement of the criminal and
traffic statutes of the State of Ohio and ordinances of the City ofDubIin, Ohio, within the limits of said
City of Dublin, Ohio,
Ronald 1. O'Brien"City Attorney of Columbus, Ohio, further agrees that he will, by and through
the personnel assigned to duties in the Columbus City Prosecutor's Office, consult with and advise all
persons concerning violations of the criminal statutes of the State of Ohio, alleged to have occurred
within the limits of the City ofDubIin, Ohio, and will assist such citizens, when necessary, in the interests
of justice, when requested by the local police or prosecutor, in the preparation and :filing of complaints
charging such offenses,
Ronald 1. O'Brien, City Attorney of Columbus, Ohio, further agrees that he will undertake to
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represent the Bureau of Motor Vehicles, by and through personnel employed by the Columbus City
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, Attorney'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
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legal representative of the City ofDubIin, Ohio, ~ould have a duty to represent the Bureau of Motor
Vehicles,
The City of Dublin, Ohio, in consideration of the above, promises of Ronald 1. O'Brien, City
Attorney of Columbus, Ohio, agrees to pay to Ronald 1. O'Brien, City Attorney of Columbus, Ohio, for
deposit in the Treasurer of the City of Columbus, the sum of Fifty Five Dollars ($55,00) per hour, being
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the unifonn rate per hour for such services by members of the City Prosecutor's staff, with a minimum
charge of one-half hour for scheduled court hearings, as fixed by resolution of the Council of the City
of Columbus, Said sum due to be stated on invoice from the City Attorney of Columbus, Ohio, at
approximately monthly intervals,
- It is mutually understood and agreed that the responsibility of Ronald 1. O'Brien, City Attorney
- of Columbus, Ohio, under this Contract shall be limited to those functions set out above, and specifically
that he and his Prosecutor or Civil Litigation personnel, by which he chooses to perfonn this Contract,
shall not be required to engage in any investigations other than those nonnally perfonned by the
Columbus City Prosecutor~ s Office in regard to and incident to the prosecution thereby of routine cases
arising in the City of Columbus, the taking of depositions, the prosecution of appeals by the plaintiff City
or State from judgments of the Franklin County Municipal Court, or the preparation or consideration
of legislation,
It is further mutually understood and agreed that, notwithstanding any of the above provisions
of this Contract, the City of Dublin shall have the absolute right, in its sole discretion, to undertake to
prosecute by and through the Prosecutor of the City of Dublin, any case coming before the Franklin
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County Municipal Court, arising out of alleged violations of the Codified Ordinances of the City of
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Dublin, or alleged violations of the traffic and criminal statutes of the State of Ohio, which occur within
the limits of the City of Dublin, Ohio, or any appeal from judgments of the Franklin County Municipal
Court relating thereto,
It is further mutually understood and agreed that, Ronald 1. O'Brien, City Attorney of Columbus,
Ohio, shall notify the City of Dublin, Ohio, by and through its Prosecutor, of the filing of any Notice of
Appeal from judgments of the Franklin County Municipal Court within the purview of this Contract,
within five (5) days of such filing, whether such Notice of Appeal is. filed on behalf of the City of Dublin
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or on behalf of any defendant, The City of Dublin shall notify Ronald 1. O'Brien, City Attorney of
Columbus, Ohio, within ten (10) days thereafter if it intends to handle that appeal, and in the absence
of such notice, agrees that Ronald 1. O'Brien, City Attorney of Columbus, Ohio, shall handle that appeal
at the hourly rate specified herein,
-.--... It is further mutually understood and agreed that the City of Dublin shall have the right to decline
..-..oil the prosecution of any appeal on its behalf by Ronald 1. O'Brien, City Attorney of Columbus, Ohio~
however, should Ronald 1. O'Brien, City Attorney of Columbus, Ohio, desire to prosecute an appeal
from any judgment of the Franklin County Municipal Court within the purview of this Contract, that the
City of Dublin has declined to prosecute, then Ronald 1. O'Brien, City Attorney of Columbus, Ohio, shall
have the right to prosecute such appeal at his own expense,
This Contract may be tenninated by either party hereto at any time before the expiration thereof
by giving thirty (30) days written notice to the other party of its intention to terminate,
The parties hereto further agree that this Contract shall be in full force and effect from the date
first written above through December 31 1996, unless terminated earlier, as provided herein,
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
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, 1996,
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CITY OF COLUMBUS, DEPT, OF LAW
RONALD ], O'BRIEN, CITY ATTORNEY
Ronald 1. O'Brien
City of Dublin, Ohio
By ~
\muncontr.fim 1/96 4
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I N T E R
MEMO
0 F F I C E
To: City Council
..... Timothy C. Hansley, City Manager 1m ~
From:
~~ Subject: 1996 Contract for Prosecution of ublin Cases in the Franklin County
Municipal Court.
Date: March 18, 1996
Prepared by: Laura A. Colwell, Court Administrator ~
Attached, please find an ordinance authorizing the City Manager to enter into an agreement with
the City of Columbus, Ohio for prosecution of Dublin cases in the Franklin County Municipal
Court, and declaring an emergency. The emergency language was respectfully added because the
contract was dated January 1, 1996 through December 31, 1996.
Outlined in the contract is an increase in the hourly rate from $50.00 per hour to $55.00 per hour.
The City has not experienced an increase in the past two years. Notification was also given to
expect a five percent increase each year hereafter.
All other terms and conditions remain the same. If you should have any additional questions,
please contact me.
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