2g. 1996 Prosecution Contract.CITY OF d �A
CHANHASSEN
�> 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
4
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Mayor
City Council
Don Ashworth, City Manager
FROM: Scott Harr, Public Safety Director 5
DATE: November 29, 1995
SUBJ: 1996 Prosecution Contract
This memo is to recommend that the Council
Prosecution Contract with the Carver County
Chanhassen has continued to contract with th
prosecute gross misdemeanor, misdemeanor
parking ordinance violations, occurring in,tl e
County have similar agreements, and likee, sev
to handle the other city code violations ,,� '
collected, while the city retains
[ice violation fines.)
oigract with a firm other than the
der meeting with representatives
e an�gez�an_a glice Chief
from Chaska, asdl1 discussing this with several firms that do contract prosecutes, the overall
consensus is that this relatiYislkt, continues to be most feasible.
RECOMMENDATION It is the recommen(
attached 1996 Joint Powers Agreement Prose
City Council approve the
SH:cd
g , .' , s afeqP�sh1pwtsagr
Endor c;—. �_ 1 �
Data Su r ;hied to Corr,�
Date Sui )m ied to Council
I - 1 � -q (10
1pve 1996 Joint Powers Agreement
Attomey�'s office.
Attorney
carver County Attorney's office to have them
id petty misemeanor violations, including traffic &
City of Chanhassen. All other cities in Carver
ral others, our:�own City Attorney's office continues
JAN -02 -96 11 :16 FROM: CARVER COUNTY ATTY
F1
ID: 612 361 1413
JOINT POWERS AGREEMENT PROSECUTION CONTRACT
PAGE 2
THIS JOINT POWERS AGREEMENT is made and entered into by and
between the County of Carver, a political subdivision of the State
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 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 and also to
provide for prosecution of municipal traffic and parking ordinance
violations.
WHEREAS, Minn. Stat. §471.59, 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 function
which that unit would be authorized to provide for itself; and
WHEREAS, in 1983, the Minnesota State Legislature amended
Minn. Stat. 9487.25, Subd. 10, to provide that statutory gross
misdemeanor, misdemeanor and petty misdemeanor violations and
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 the
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 and
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:
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Lam'
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I JAN -02 -9s 11:1s FROM: CARVER COUNTY ATTY
I
7
�J
ID: 612 361 1413 PAGE 3
1) The Carver County Attorney's Office shall prosectat.e
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
Carver County and within the jurisdiction of the City of Chanhassen
(those liquor violations dealing with ordinances not dup].ic.!aL -ed by
state law, such as nuisances, license revocations and susperisiorres) .
The Carver County Attorney shall also prosecute all municipal.
traffic and parking ordinance violations allegedly occurring within
the jurisdiction of the municipality and within Carver County.
Specifically excluded will be abandoned vehicle violati.oris 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
County Attorney agrees. This would be in addition to any I: inc' or
penalty paid or any surcharge pursuant to paragraph 3 below.
2) Prosecution services shall be rendered by the Carver
County Attorney's Office commencing January 1, 1996, and ext-.end
through December 31, 1996.
3) In Consideration for said prosecution service bEiing
rendered, the County of Carver shall collect an additi.ona.l. orie-
third (1/3) of all fines or penalties pursuant to Minn. Star..
§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 duri.rlc) i.11C
contract period.
5) Carver County indemnifies and holds harmless the City of
Chanhassen for all acts and omissions of Carver County emp.layee;;
consistent with the provisions of Minn. Stat. Chapter 466.
6) This Agreement shall terminate of its own accord wi thout
further action taken or notice given by either party at iiiidrn.i.ght,
December 31, 1996.
K
1
JAN -02 -96 11:16 FROM: CARVER COUNTY ATTY
ID: 612 361 1413
PAGE 4
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: - -
Dated:
Dated:
COUNTY OF Carver
BY:
James Hoese, Chairperson
Hoard of Commissioners
Dated:
AND:
Michael A. Fahey #28071
Carver County Attorney
Dated:
K
IN PRESENCE OF:
IN PRESENCE OF:
IN PRESENCE OF: