1e. 1997 Prosecution Contract with Carver County.I I
CITY OF le-
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 5.5317
(612) 937 -1900 • FAX (612) 937 -5739
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TO: MAYOR & CITY COUCIL
CITY MANAGE
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FROM: SCOTT HARR
DATE: NOV. 21, 1996
I SUBJ: 1997 PROSECUTION CONTRACT WITH CARVER COUNTY ATTORNEY
This memo is to recommend that the City of Chanhassen once again enter into the contract with the Carver
County Attorney's Office in order to have them prosecute traffic & misdemeanor cases arising from the
city that would not otherwise be handled through their office. The cost for us is simply their getting a
portion of the fine revenue.
I should add that last year the city manager & I met with the County Attorney, as well as with
' representatives from our city attorney's office, concluding that at this time we are better off remaining with
the prosecution contract with Carver County.
RECOMMENDATION: The staff recommendation is that the city enter into the prosecution contract
' with Carver County for 1997.
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NOV -21 -96 IS :28 FROM= CARVER COUNTY ATTY
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CARVER
COUNTY
Office of County Attorney
Government Center, Justice Center
600 East Fourth Street
Chaska, Minnesota 55318.2188
(612) 361 - 1400
(612) 361.1413 Fax
ID= 612 361 1413
PAGE 2
Michael A. Fahey
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Carver County Attorney
Karl L.S. Myrold
Chief Dcputy County Attorney
Criminal Division:
Civil Division:
,
Peter Ivy, Head
Kuri 1,.S, Myrold. Head
Tara E. Keehr
Janet L. Barke (.7.111
Gina M. Brandt
Michele Pouliot. Paralegal'
Paul J. Johnson
Juvenile Division:
Victim Witness Coordinator:
Duane A. Bartz, Ilead
Chris Weldon
Chantul .3. Sor ns�
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TO: Donald J. Chmiel '
7100 Tecumseh Dane
Chanhassen, Minnesota 553179543
FROM: Michael A. Fahey, Carver County Attorney
DATE: November 6, 1996 '
SUBJECT: 1997 Prosecution Contracts
Enclosed for your review is a proposed contract for municipal '
prosecution services. The Carver County Board and County
Attorney's Office are again offering to provide this service to the
municipalities in Carver County.
If we are to prosecute the traffic ordinance violations, it is '
imperative that we have a record of current city ordinances. in
addition, any changes made during the year should be forwarded to '
the County Attorney's Office. If we do not receive these
documents, we will be unable to provide the prosecution services.
If you wish to renew the contract: as proposed, please sign the '
original and return it to my office at your earliest convenience.
After the contract is fully executed, the original will be filed in .
the Accounting office and a fully executed copy will be sent to you '
for your records.
If you have any questions or need further information, please feel '
free to contact me. I look forward to participating in this
cooperative effort.
H:\ 09689 \QG8 \NPbOCS \CIVIL41T \1 -PROHK
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AJrnnadve Action/Equal Oppartuniry Employer
Printed an 10% Post- Cansurner Recycled Paper '
NOV -21 -86 15 :28 FROM: CARVER COUNTY ATTY ID: 612 361 1413 PAGE 3
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JOINT POWERS AGREEMENT PROSECUTION CONT A&CT
THIS JOINT POWERS AGREEMENT is made and entered into by and
between the County of Carver, a political subdivision of the StaLc;
of Minnesota, and the City of Chanhassen, a municipal corporation
organized under the laws of the State of Minnesota, to provide for
prosecution of statutory gross misdemeanor, misdemeanor and party
misdemeanor violations, other than liquor law violations directly
involving establishments, organizations or individuals with liquor
licenses or permits issued by the City of Chanhassen ar d also to
provide for prosecution of municipal traffic and Parking; ordinance
violations.
WHEREAS, Minn. Stat. 9471.59, as amended, authorizes the Board
of County Commissioners of any county in the State of Minnesota to
enter into agreements by resolution with any other governmental
unit to perform on behalf of that unit any service or funct.i oil
which that unit would be authorized to provide for itself and
WHEREAS, in 1983, the Minnesota State Legislature amended
Minn. Stat. 5487.25, Subd. 14, to provide that statutory gro,;s
misdemeanor, misdemeanor and petty misdemeanor violations arid
municipal ordinance violations in the counties of Anoka, Carver,
Dakota, Scott and Washington shall be prosecuted by the attorney of
the municipality where the violation is alleged to have occurred;
and
WHEREAS, Minn. Stat. §487.25, Subd. 10, further provides that
municipalities may enter into a three party agreement with t.}ie
County Board and County Attorney to provide for prosecution
services for any criminal offense; and
WHEREAS, each of the parties hereto desires to enter into this
Joint Powers Agreement and has, through the actions of its
respective governing bodies, been duly authorized to enter into
this Joint Powers Agreement for the purposes hereinafter stated;
NOW, THEREFORE, in consideration of the mutual covenants arid
agreements contained herein, it is hereby agreed by and between the
County of Carver, through the Board of Commissioners, the Carver
County Attorney, and the City of Chanhassen, through its Council,
that:
NOV -21 -96 15 =29 FROMY CARVER COUNTY ATTY
IDs 612 361 1413 PAGE 4
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1) The Carver County Attorney's Office shall prosecute
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statutory gross misdemeanor, misdemeanor and petty misdemeanor
violations other than liquor ,law violations directly involving
'
establishments, organizations or individuals with liquor licenses
or permits issued by the City of Chanhassen allegedly occurring in
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Carver County and within the jurisdiction of the City of Chanhassen
(those liquor violations dealing with ordinances not duplicated by
'
state law, such as nuisances, license revocations and suspensions) .
The Carver County Attorney shall also prosecute all municipal
traffic
and parking ordinance violations allegedly occur ng within
the jurisdiction of the municipality and within Cary r County.
Specifically excluded will be abandoned vehicle violations under
'
municipal ordinance.
The Carver County Attorney's Office may prosecute any other
'
ordinance violation at a rate of $30.00 per hour for prosecutor
time plus expenses incurred if the municipality so requests and the
Carver County Attorney agrees. This would be in addition to any
,
fine or penalty paid or any surcharge pursuant to paragraph 3
below.
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2) Prosecution services shall be rendered by the Carver
County Attorney's Office commencing January 1, 1997, and extending
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through December 31, 1997.
3) In consideration for said prosecution services being
,
rendered, the County of Carver shall colliBct an additional one-
third (1/3) of all fines or penalties pursuant to Minn. Stat.
§487.33, Subd. 5, as amended, because the County of Carver will be
'
providing prosecution of these offenses.
4) The City shall forward current traffic ordinances and
immediately inform the County of any changes made during the
contract period.
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5) Carver County indemnifies and holds harmless the City of
Chanhassen for all acts and omissions of Carver County employees
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consistent with the provisions of Minn. Stat. Chapter 485.
6) This Agreement shall terminate of its own accord without
further action taken or notice given by either party at midnight,
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' MOV -21 -96 15 =29 FROM: CARVER COUNTY ATTY ID: 612 361 1413 PAGE 5
December 31, 1997.
IN WITNESS WHEREOF, each of the parties has caused this
' Agreement to be executed by its appropriate officers and with the
consent and approval of its appropriate governing bodies.
CITY OF Chanhassen IN PRESENCE OF:
BY:
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IN PRESENCE OF:
IN PRESENCE OF:
IN PRESENCE OF:
Dated:
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AND:
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Dated:
COUNTY OF CARVER
BY:
Chairperson
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Board of Commissioners
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Dated:
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AND:
Michael A. Fahey #28071
Carver County Attorney
Dated:
DRAFTED BY;
Carver County Attorney
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IN PRESENCE OF:
IN PRESENCE OF:
IN PRESENCE OF: