44-91 Ordinance
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RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
Ordinance No.____-44=C}l_______ P assed_____ _______ _u _ __ m_____ ____u ___. _____ -- __19 ---- --
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE DELAWARE
MUNICIPAL PROSECUTOR IN THE DELAWARE COUNTY
IfIIIII-. MUNICIPAL COURT, AND DECLARING AN EMERGENCY
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WHEREAS , the City of Dublin has been utilizing the services of Michael C.
Hoague, Delaware Municipal Prosecutor, to prosecute Dublin cases originating
or transferring to the Delaware Municipal Court; and,
WHEREAS , it is the desire of Mr. Hoague and the City of Dublin to reduce this
Agreement to writing;
NOW, THEREFORE, BE IT ORDAINED by Council for the City of Dublin, State of
Ohio, _____ of the elected members concurring:
SECTION 1- That the City Manager is hereby authorized to enter into an
Agreement with Michael C. Hoague, Delaware Municipal Prosecutor, for the
prosecution of Dublin cases before the Delaware County Municipal Court under
the terms and conditions provided in the attached contract and addendum
thereto.
SECTION 2. The continuation of prosecutorial services is a mandatory element
of the City's criminal justice system and as such, 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.
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"""'- Passed this l'7d day of 1~ 1991.
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ATTEST: ~
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Cl k of Counc~
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH
THE DELAWARE MUNICIPAL PROSECUTOR IN THE
DELAWARE COUNTY MUNICIPAL COURT, AND
DECLARING AN EMERGENCY
WHEREAS, the City of Dublin has been utilizing the services
of Michael C. Hoague, Delaware Municipal Prosecutor, to prosecute
Dublin cases originating or transferring to the Delaware Municipal
Court; and,
WHEREAS, it is the desire of Mr. Hoague and the City of Dublin
to reduce this Agreement to writing;
NOW, THEREFORE, BE IT ORDAINED by Council for the City of
DUblin, State of Ohio, ____ of the elected members concurring:
SECTION 1.
That the City Manager is hereby authorized to enter into an
Agreement with Michael C. Hoague, Delaware Municipal Prosecutor,
for the prosecution of Dublin cases before the Delaware county
Municipal Court under the terms and conditions provided in the
attached contract and addendum thereto.
SECTION 2.
The continuation of prosecutorial services is a mandatory
element of the City's criminal justice system and as such, 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.
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Passed this _ day of , 1991.
Mayor - Presiding Officer
ATTEST:
Clerk of Council
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STEPHEN J. SMITH 5354 CEMETERY ROAD
DONALD BRECKENRIDGE P.O. BOX 7
OF COUNSEL: May 29, 1991 HILUARD, OHIO 43026-0007
MITCHELL H BANCHEFSKY (614) 876-1229
FAX (614) 876-4477
,^~''''-
Mr. Timothy C. Hansley
city Manager
city of Dublin
6665 Coffman Road
Dublin, OH 43017
Re: Delaware County prosecutorial services Contract
Dear Tim:
Pursuant to my discussions with the Mayor and Michael Hoague,
Delaware Municipal Prosecutor, enclosed please find an execution
copy of the contract for his services.
Please note that we have amended paragraph 3 which sets forth the
payment and reimbursement provisions to provide for quarterly
payments of $462.50 rather than a lump sum payment of the full
amount. Please note further that since we have been working under
an oral understanding, the execution of this contract has not been
a high priority for any of the parties concerned. As such, by the
time this contract is approved by Council and executed by you, we
will in all likelihood owe Mr. Hoague the first two payments
thereon.
I have also enclosed herein a proposed ordinance authorizing you
to enter into this contract. Please forward this on to Frances for
placement on the next available council agenda.
Please advise if you have any questions.
Very truly yours,
~
Mitchell H Banchefsky
MHB:as
Enclosures
cc: Nan Metz
Laura Colwell
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ADDENDUM TO EMPLOYMENT AGREEMENT
FOR PROSECUTORIAL SERVICES
This Addendum shall serve as a modification to paragraph 3 of
the document entitled "Employment Agreement for Prosecutorial
Services" between the City of Dublin and Michael C. Hoague,
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Delaware Municipal Prosecutor. Paragraph 3 entitled, "Payment and
Reimbursement:", as set forth in the underlying agreement is hereby
deleted in full and replaced with the following revised paragraph:
3. PAYMENT AND REIMBURSEMENT
Dublin shall pay the Prosecutor the non-refundable sum of ONE
THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($1,850.00), payable in
quarterly installments of FOUR HUNDRED SIXTY-TWO DOLLARS AND FIFTY
CENTS ($462.50). Upon execution of this Agreement, Dublin shall
pay the Prosecutor any and all sums due and owing under this
payment schedule from January 1, 1991.
Dublin further agrees that it will reimburse Prosecutor for
expenses incurred by him on behalf of Dublin, including mileage at
the rate of twenty-five cents ($.25) per mile. Prosecutor agrees
to provide materials, paper and secretarial services in connection
with the prosecutorial services rendered pursuant to this
Agreement.
FOR THE PROSECUTOR
MICHAEL C. HOAGUE
FOR THE CITY OF DUBLIN
BY: Timothy C. Hansle
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2aw tC~
STEPHEN J. SMITH 5354 CEMETERY ROAD
DONALD BRECKENRIDGE P.O. BOX 7
OF COUNSEL: May 29, 1991 HILUARD,OHI043026-0007
MITCHELL H BANCHEFSKY (614) 876-1229
FAX (614) 876-4477
,~ Mr. Timothy C. Hansley
city Manager
~ City of Dublin
6665 Coffman Road
Dublin, OH 43017
Re: Delaware County Prosecutorial services Contract
Dear Tim:
Pursuant to my discussions with the Mayor and Michael Hoague,
Delaware Municipal Prosecutor, enclosed please find an execution
copy of the contract for his services.
Please note that we have amended paragraph 3 which sets forth the
payment and reimbursement provisions to provide for quarterly
payments of $462.50 rather than a lump sum payment of the full
amount. Please note further that since we have been working under
an oral understanding, the execution of this contract has not been
a high priority for any of the parties concerned. As such, by the
time this contract is approved by Council and executed by you, we
will in all likelihood owe Mr. Hoague the first two payments
thereon.
I have also enclosed herein a proposed ordinance authorizing you
to enter into this contract. Please forward this on to Frances for
placement on the next available council agenda.
Please advise if you have any questions.
Very truly yours,
~
Mitchell H Banchefsky
MHB:as
Enclosures
cc: Nan Metz
Laura Colwell
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ADDENDUM TO EMPLOYMENT AGREEMENT
FOR PROSECUTORIAL SERVICES
This Addendum shall serve as a modification to paragraph 3 of
the document entitled "Employment Agreement for prosecutorial
Services" between the City of Dublin and Michael C. Hoague,
Delaware Municipal Prosecutor. Paragraph 3 entitled, "Payment and
Reimbursement:", as set forth in the underlying agreement is hereby
deleted in full and replaced with the following revised paragraph:
3. PAYMENT AND REIMBURSEMENT
Dublin shall pay the Prosecutor the non-refundable sum of ONE
THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($1,850.00), payable in
quarterly installments of FOUR HUNDRED SIXTY-TWO DOLLARS AND FIFTY
CENTS ($462.50). Upon execution of this Agreement, Dublin shall
pay the Prosecutor any and all sums due and owing under this
payment schedule from January 1, 1991.
Dublin further agrees that it will reimburse Prosecutor for
expenses incurred by him on behalf of Dublin, including mileage at
the rate of twenty-five cents ($.25) per mile. Prosecutor agrees
to provide materials, paper and secretarial services in connection
with the prosecutorial services rendered pursuant to this
Agreement.
FOR THE PROSECUTOR
MICHAEL C. HOAGUE
FOR THE CITY OF DUBLIN
BY:
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EMPLOYMENT AGREEMENT
FOR ~OS!CU'l'9RIAL SfJtVICES
This Con~ractual Agreemenc is made and en~ered into this Ii day of
JV/Jf ~ 1991, between Michael C. Hoague~ Esquirep hereinafter
referred/to 8B "Prosecutor" and the City of Dublin. Ohio. hcreinDfter
referred to as ~Dublintl~ according to the following terms and conditions:
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1. NATURB OF EMPLOYMENT:
Dubliu hereby contracts with Prosecutor for his services and Prosecutor
does hereby accept and agree the~eto. Prosecutor agrees that he or his
qualified designee shall render legal advice to Dublin and its elecced or
appointed officials in regards to criminal pro6ecutions in the Delaware
Municipal Court of violations occurring within corporate limits of the City
of Dublin, and sholl perform such other duties as are customarily performed
by one holding such posi~ioD in siadlar municipalities.
2. 'rP..RM OP AGREEMENT:
The term of this Agreement ahall bo for calandcr year 1991, in its
entirety, commencing on January 1~ 1991 through December 31p 19'1, subject
however, to aut~tic renewal on an annual basis. Said Agreement is also
subject to prior termanation and or non-renewal as hereinafter provided.
3. PAYMANT AND RBXM8URSBMENT:
Dublin shall pay Prosecutor the nonrefundable sum of ONE THOUSAND EIGHT
HUNDRBD fIfTY DOLLARS ($1,850.00), payable in advance. Dublin further
agree that it will rei.burs8 Prosecutor for expenses incurred by him on
behalf of Dublin, including ~laBe at the rate of $.25 per mile.
Prosecutor arees to provide materials, paper and secretarial services iu
conneetion with the prosecutorial services rendered pursuant to this
Aareement.
4. TERMnu.TlON Of AGRRP.MRMT:
Notwithstanding anything to the contrary contained in this Agreement,
both parties are hereby siven the option to terminate this AgreeJDent upon
giving thirty (30) days written notice to the other. Furthermore, said
Agreement 1s subject to modification upon mutual agreement of the parties.
s. A~PLlCABLB LAW:
The parties hereto agree that it is their intention that tbis Agree.eDt
and the perfo~ce thereunder be CODstrued in accordance witb the laws of
tbe State of Ohio and shall superee4e any prior agreements fo~ perfo~Dce
of the prosecutori.1 services specified hereunder.
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. _.G-30-91 FRI 10:41 STEPHEN J SMITH ATT...... P.05
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ADDEJlDUM TO EMPLQYKEMT AGREEMENT
FOR PROSECUTORIAL SERVICES
This Addendum shall serve as a modification to paragraph 3 of
the document entitled "Employment Agreement for Prosecutorial
services" between the city of Dublin and MiChael C. Hoague,
i Delaware Municipal Prosecutor. paraqraph 3 entitled, "Payment and
I Reimbursement:", as set forth in the underlying agreement is hereby
I deleted in full and replaced with the following revised paragraph:
I 3. fA~MENT AND REIMBURSE~ENT
I
I
1
I DUblin shall pay the Prosecutor the non-refundable sum of ONE
THOUSAND EIGHT HUNDRED FIFTY DOLLARS ( $1 , 850. 00) I payable in
quarterlY installments of FOUR HUNDRED SIXTY-TWO DOLLARS AND FIFTY
CENTS ($462.50). Upon execution of this Agreement, Dublin shall
pay the Prosecutor any and all sums due and owing under this
payment schedule from January 1, 1991.
Dublin further agrees that it will reimburse Prosecutor for
expenses incurred by him on behalf of Dublin, inoluding mileage at
the rate of twenty-five cents ($.25) per mile. Prosecutor agrees
I to provide materialS, paper and secretarial services in connection
with the prosecutorial services rendered pursuant to this
I Agreement.
I
I FOR THE PROSECtn'OR
I
I '-httd.~
I MJ:cltAEL c.
FOR THE CITY OF DUBLIN
Q-~~
BY: Timothy c. Hansley
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~f I"; E' - :3 121 - 9 1 FRI 1121:41 STEPHEN J SMITH ATT~'" - P.04
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1991 I"BOGBCU"1'OR1AL szaVJ:CBS ~
BY FROGBCU'rOR BOAGUB AND DUBLJ:1lf FG. 2
IN WITNESS WHEREOP, Michael (i.. Hoague, Esq., hos caused this Agreement
to be signed and executed aDd tbe City of Dublin has caused this Agreement
to be signed and executed by its undersigned representative(s), pursuant to
ItvO...lut-ioa/Ordinance No. t/~"I _._.u on tbe day and year first above
written.
fOR THB PROSBctrl'OR
Ml~~
POR THB CITY Of DUBLIN
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BY: ~~~~~It. -