079-92 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance No._____ _u 79-92 Passedmu_ --- ------- ---------.-- mm_19n
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE CITY
r 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 THEREFORE, BE IT OR~INED 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.
/"""'" Section 2. That this Ordinance is hereby declared to be an
t 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 J ..sr day of ~ , 1992.
.,/
Officer
ATTEST:
c;{h,~ C!- ~~-
Clerk of Council
I hereby certify that copies of this Ordinance/Resolution were posted in the
City of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
~a~
Clerk of Council, Dublin, Ohio
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. CONTRACT
This Agreement, entered into beginning on January 1, 1992,
by and between Ronald J. O'Brien, City Attorney of Columbus,
Ohio, pursuant to Ordinance No. 470-92, passed March 9, 1992, and
the City of Dublin, Ohio, by
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pursuant to Ordinance/Resolution No. , for the prosecution
of certain cases before the Franklin County Municipal Court,
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 J. 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 within the
occur
limits of the City of Dublin, Ohio; provided however, Ronald J,
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 _~~at the City Solicitor
of the City of Dublin reserves the right, under this contract to
repre"sent the City of Dublin in any specific case filed in or
coming' before the Franklin County Municipal Court upon giving
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, written notice to Ronald J. 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 Citv 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 expended but
a file has been prepared, 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 J. 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 of Dublin, Ohio, Police
Department, and all other appropriate officials of the City of
Dublin, Ohio, when necessary, concerning the prosecution or
enforcement of the criminal and traffic statutes of the State of
Ohio and ordinances of the Ci~y of Dublin, Ohio, within the
limits of said City of Dublin, Ohio.
Ronald J. 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
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advise all persons concerning violations of the criminal statutes
of the State of Ohio, alleged to have occurred within the limits
of the City of Dublin, Ohio, and will assist such citizens, when
in . .
necessary, the interests of justice, in the preparation and
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filin~ of complaints charging such offenses.
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Ronald J. O'Brien, City Attorney of Columbus, Ohio, further
agrees that he will undertake to represent the Bureau of Motor
Pri0P ?
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, Vehicles, by and through personnel employed by the Columbus City
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 legal representative. of the City of Dublin, Ohio,
would have a duty to represent the Bureau of Motor Vehicles.
The City of Dublin, Ohio, in consideration of the above
promises of Ronald J. O'Brien, City Attorney of Columbus, Ohio,
agrees to pay to Ronald J. O'Brien, City Attorney of Columbus,
Ohio, for deposit in the Treasurer of the City of Columbus, the
sum of Fifty Dollars ($50.00) per hour, being the uniform 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 J. 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 perform this Contract, shall
not be required to engage in any investigations other than those
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normally performed 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.
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. This Contract be terminated by either party hereto at
may
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, 1992, unless terminated earlier, as provided
herein.
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IN WITNESS WHEREOF, the parties have executed this Contract,
this day of , 1992.
CITY OF COLUMBUS
DEPARTMENT OF LAW
RONALD J. O'BRIEN
CITY ATTORNEY
Ronald J. O'Brien
OF ,
Ohio
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~. By
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