1f. Prosecution Contract with Carver County I CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
I T1, 1 C,jm -sh,ll
R (612) 45_ -5000'
_ \ I n,ir Fax (612) 452.5550
Than;,+- \1 Scott
Gr\ ( , Rich
I lame R \ \'al by �Y Adm!ni�tt5'
Ell rt F KHoch ✓
Nitch,iL1 A Br, ! -ack Endured
Renal D Steiner April 6, 1993
I Rejecter!
DetP } -2! -
Date Submitted to Commissi;r,
I Mr. Don Ashworth Date Submitted to Council
Chanhassen City Hall 4
690 Coulter Drive
I P.O. Box 147
Chanhassen, MN 55318
1 Re: Prosecution Contract with Carver County_
Dear Don:
1 Enclosed please find an original and one copy of the
proposed 1993 Joint Powers Agreement Prosecution Contract.
Please place this contract on the next Council agenda for
I consideration by the Council. We recommend the City enter this
agreement.
I The only change from the 1992 contract involves division of
the fine revenue for parking violations. Last year the County
retained one -half of the parking ordinance violation fine
revenue. Pursuant to your request, I requested, and the County
1 Attorney agreed, to reduce this to one -third for 1993.
Please call if you have any questions.
1 Very truly yours,
I CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
4 :igt
II By:
Elliott B. tsch
I EBK:mlw
cc: Michael A. Fahey (w /copy of enc.)
RECEIVED
II JWR - 8 1993
CITY OF CHANHASSEN
I S ;17 • EaganJale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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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. §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. §487.25, Subd. 10, to provide that statutory gross
1 misdemeanor, misdemeanor and petty misdemeanor violations and
municipal ordinance violations in the counties of Anoka, Carver,
1 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
1 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,
II
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 1
Chanhassen. 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.
2) Prosecution services shall be rendered by the Carver
County Attorney's Office commencing January 1, 1993, and extending
through December 31, 1993.
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.
§487.33, Subd. 5, as amended in 1983, because the County of Carver
will be providing prosecution of these offenses. For the traffic
ordinance violations, one -half (1/2) of the fine revenues shall be
retained by the County. *
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.
6) Carver County indemnifies and holds harmless the City of
Chanhassen for all acts and omissions of Carver County employees 1
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, 1993.
*For the parking ordinance violations, one -third (1/3) of the fine
revenues shall be retained by the County.
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1 IN WITNESS WHEREOF, each of the parties has caused this
A greement to be executed by its appropriate officers and with the
consent and approval of its appropriate governing bodies.
I CITY OF Chanhassen
IN PRESENCE OF:
1 BY:
1 Dated:
1 IN PRESENCE OF:
AND:
Dated:
1
I COUNTY OF CARVER
IN PRESENCE OF:
BY:
1 Earl F. Gnan, Chairman
Board of Commissioners
1 Dated:
IN PRESENCE OF:
1 AND:
Michael A. Fahey
Carver County Attorney
1
Dated:
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