1k. Approve Joint Powers Agreement Prosecution Contract, Carver County1
'
TO:
MICHAEL A. FAHEY
'
Carver County Attorney
CRIMINAL DIVISION:
RE:
James W. Keeler, Jr.
Ivy
' Peter
Tara E. Keehr
Vicki Vial - Taylor
(612) 361 -1400
1
'
TO:
FROM:
DATE:
'
RE:
/ -1L
CARVER COUNTY COURTHOUSE
--.'_ 600 EAST 4TH STREET, BOX 12
CHASKA, MINNESOTA 55318 -2188
FAX (612) 361 -1413
CIVIL DIVISION:
COUNTY OF CA QVE Duane A. Bartz
Chantal S. Sorenson
�'�lttx I Karl L.S. Myrold
Chris Weldon, Paralegal
(612) 361 -1410
X993
CI Vk Wwiiv nHz�SEh- ,
Manager's Comments: Approval is
recommended.
DWA (1- 18 -94)
MEMORANDUM
Chanhassen City Council;
Michael A. Fahey, Carver County Attorney
December 1, 1993
1994 Joint Powers Agreement Prosecution Contract
On' November 24, 1993, a proposed contract for municipal
prosecution services was mailed to you. There was an error on the
City on each contract so please destroy that contract.
Enclosed please find a corrected proposed contract which I
would appreciate your signing and returning to my office at your
earliest convenience.
/ Sorry for any inconvenience this may have caused you.
3ict—
C "a e
dam'
Affirmative Action /Equal Opportunity Employer
Printed on Recycled Paper
Contains Minimum 10% Post Consumer Waste SQ I. C`;
JOINT POWERS AGREEMENT PROSECUTION CONTRACT
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. 5471.59, 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. 5487.25, 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. 5487.25, 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
r 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:
1) The Carver County Attorney's Office shall prosecute
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 duplicated by
'
state law, such as nuisances, license revocations and suspensions).
The Carver County Attorney shall also prosecute all municipal
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traffic and parking ordinance violations allegedly occurring within
the jurisdiction of the municipality and within Carver 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
'
County Attorney agrees. This would be in addition to any fine or
penalty paid pursuant to paragraph 3 below.
2) Prosecution services shall be rendered by the Carver
County Attorney's Office commencing January 1, 1994, and extending
through December 31, 1994.
3) In consideration for said prosecution services being
rendered, the County of Carver shall collect an additional one -
'
third (1/3) of all fines or penalties pursuant to Minn. Stat.
5487.33, Subd. 5, as amended, because the County of Carver will be
'
providing prosecution of these offenses.
4) Carver County shall develop on its own behalf and as
prosecutor for the City, a plan for expediting the resolution of
domestic abuse prosecutions pursuant to Minn. Stat. §611A.0311.
5) The City shall forward current traffic ordinances and
immediately inform the County of any - changes made during the
contract period.
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6) Carver County indemnifies and holds harmless the City of
Chanhassen for all acts and omissions of Carver County employees
consistent with the provisions of Minn. Stat. Chapter 466.
7) This Agreement shall terminate of its own accord without
further action taken or notice given by either party at midnight,
December 31, 1994.
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 Ch hasse
BY:
Dated:
AND:
Dated:
COUNTY OF Carver
BY:
Earl F. Gnan, Chairman
Board of Commissioners
Dated:
AND:
Michael A. Fahey
Carver County Attorney
Dated:
IN PRESENCE OF:
IN PRESENCE OF:
IN PRESENCE OF:
IN PRESENCE OF:
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