1g. 1990 Joint Power Agreement Prosecution Contract, Carver County I �VKCO,/A' #4.-...'
IMICHAEL A. FAHEY ;Ii -1= .-, ,, \\I CARVER COUNTY COURTHOUSE
Carver County Attorney ;\ ,_ •�. 600 EAST 4TH STREET,BOX 12
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CHASKA,MINNESOTA 55318-2188
171,z_ (612)448-1200
Assistants: : _,
Jean A. Shively /�']�E Ste~
EC e A. Bartz COUNTY Of C��� �
i . Ivy
Patricia Rettler
IMEMORANDUM
IIf
TO: Chanhassen City Council INSJ4J)T:C1 "\\
IFROM: Michael A. Fahey, Carver County Attorney
I DATE: November 13, 1989
RE: 1990 JOINT POWERS AGREEMENT PROSECUTION CONTRACT
IIAs in the past, the Carver County Board and the Carver County
Attorney's Office are willing to provide city prosecution services
1 for the municipalities in Carver County. I have enclosed a
proposed Contract for your review if you wish to continue to
contract for these services. The contract should be the same as
last year's Contract with the exception of the dates being changed.
II If you have any questions or wish to discuss anything in reference
to the enclosed, please let me know.
II If you wish to renew the Prosecution Contract as proposed, please
sign the original and one copy and return them to my office. After
the County signatures are obtained, the original will be filed with
I the County Auditor and a fully executed copy will be forwarded to
you for your records.
Again, if you have any questions or concerns, please feel free to
Icontact me.
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II enc.
IIManager's Comments:
The attached contract is identical to last years contract.
IIApproval is recommended.
DWA (12-11-89)411v
I Nov 151969
IAffirmative Action/Equal Opportunity Employer CITY.OF CHANHASSEN
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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 ordinance violations.
WHEREAS, M.S. Section 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 M.S.
Section 487.25, 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, M.S. Section 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;
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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: ,
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.
The Carver County Attorney shall also prosecute all municipal
traffic 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, 1990, and extending '
through December 31, 1990.
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 M.S. Section
487.33, Subd. 5, as amended in 1983, because the County of Carver
will be providing prosecution of these offenses.
4) This Agreement shall terminate of its own accord without '
further action taken or notice given by either party at midnight,
December 31, 1990. '
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: '
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IN PRESENCE OF:
AND:
Dated:
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COUNTY OF CARVER
IN PRESENCE OF:
' BY:
Earl F. Gnan, Chairman
Board of Commissioners
' Dated:
IN PRESENCE OF:
AND:
Michael A. Fahey
Carver County Attorney
Dated:
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