95-91 Ordinance
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. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance No. ______~~___SU___ Passed_____ --------------------------_------19--4--=
AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO ENTER
",..... INTO A NEW CONTRACT WITH
THE LAW DIRECTOR AND
DECLARING AN EMERGENCY
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WHEREAS, the City of Dublin has previously entered into an
agreement with Mr. Stephen J. Smith 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.
.......
I Passed this / ("-r/.... day of ~ , 1991.
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II Attest:
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II Clerk of Council
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II he b ,,'f1' "'at copies of this Ordinancelh."'vlkJn were posted in the
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' re y ce ' I h O!'l' R 'sed Code
r- II City of Dublin in accordance with Section 731.25 of t e . 10 eV! .
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I: (lr.rk of Counc!!, n.,.",,",. Ol,!o
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. AGREEMENT BETWEEN THE CITY OF DUBLIN
AND STEPHEN J. SMITH, ATTORNEY
FOR SERVICES AS CITY LAW DIRECTOR
This contract for services as Law Director between the
City of Dublin, an Ohio Municipal corporation, (Dublin) and Stephen
J. smith, attorney, (Law Director) , made this ;) d-li.J day of
/J~ , 1991.
WITNESSETH:
WHEREAS, Dublin and the Law Director wish to continue
their professional relationship.
NOW, THEREFORE, 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 $1,500.00. 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. Acting as Prosecutor 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 City Manager.
e. Drafting of ordinances and resolutions upon
request of the City Manager, City council, or
the Administrative staff.
f. Provide City Manager with itemized monthly
statement for services rendered.
2. Special Services. The Law Director agrees to
provide and Dublin agrees to pay for the following special services
at the rate of $85.00 per hour:
a. Attendance at additional public meetings not
specified under Regular Services.
b. Representing the city in all litigation
matters, administrative hearings, etc.
c. All other work as requested by the City
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Agreement
city of Dublin and Law Director
Page 2
Manager, or the Administrative staff subject
to prior approval of the City Manager.
d. All other work as requested by the City
Council subject to prior approval by Council
action.
e. providing legal advice to city officials as
necessary or upon request, and attending
meetings and/or conferences as requested by
city officials.
f. Responding to City Manager and Administrative
staff inquiries.
g. Attendance at meetings, and discussions with
City, County, state and Federal Officials and
other governmental officials at the request of
the City Manager or as approved by Council
action.
h. Attendance at meetings with the development
otherwise directed by the city Manager.
i. Review and approval of all contracts,
ordinances, etc.
3. The Law Director will have the right to utilize the
services of other attorneys both within his firm and outside his
firm as Assistant Law Director, Prosecutor and/or special Counsel,
subject to the City Manager's prior approval.
Pursuant thereto, Mitchell H. Banchefsky shall continue
to serve as Assistant Law Director/Prosector, and Scott R.
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Mergenthaler shall continue to serve as Assistant Prosecutor.
The Law Director reserves the right to retain Special
Counsel at the hourly rate set forth herein for special services or
via any other appropriate fee arrangement, as necessary, subject to
the city Manager's prior approval.
4. Miscellaneous Provisions.
a. It shall be the responsibility of the Law
Director to pay for any and all municipal
publications, services, updates, seminars,
etc. that he or his office may utilize on
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Agreement
City of Dublin and Law Director
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Dublin's behalf, except that Dublin shall be
responsible for payment of the Law Director's
and Assistant Law Director's membership in
municipal associations/programs which require
membership by the municipal corporation.
b. The Law Director shall cause to be installed
at his own cost and expense separate dedicated
telephone lines and related software so as to
facilitate the exchange of data between the
Law Director's computer system and that of the
city of Dublin and vice versa.
c. In the event that the Law Director becomes
incapacitated, is for any other reason unable
to perform his duties or no longer serves as
Law Director, it is hereby agreed that his
files and records shall become Dublin's
property except for information which would be
classified as work product, under Ohio law.
IN WITNESS WHEREOF, the parties have executed this
Agreement.
J. Smith,
PATCHEN &
,d",,",
CITY OF DUBLIN
By ~
Timothy C. Hansley
city Manager, City of Dublin
MHB/LEP/6406.1