1g. 1989 Join Powers Prosecution Contract with Carver County MICHAEL A. FAHEY \\i CARVER COUNTY COURTHOUSE
Carver County Attorney �� 600 EAST 4TH STR EET,BOX 12
CHASKA,MINNESOTA 55318-2188
Assistants: (612)448-1200
Jean A. Shively 1 ��
Duane A. Bartz V'N E SO
Susan B. Crumb COUNTY OF CAI VEQ
David P. Steinkamp
Peter A.C. Ivy
October 7 , 1988 /
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Mr. Donald Ashworth /Vd;'
City Administrator
690 Coultier Drive
Chanhassen , Minnesota 55317
RE: 1989 JOINT POWERS AGREEMENT PROSECUTION CONTRACT
Dear Mr . Ashworth :
As in the past , the County Board and the Carver County
Attorney ' s Office are willing to provide city prosecution
services for the cities in Carver County. I have enclosed
a proposed Contract for you 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 .
If you have any questions or wish to discuss anything in
reference to the enclosed , please let me know.
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 in the County Auditor ' s Office and
a fully executed copy will be sent to you for your records .
If you have any questions or additional concerns , please
feel free to contact me .
Yours truly,
Michael A. Fahe
County Attorney
gJ
enc .
OCT 1. 0 1988
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CITY OF CHANI~ASSEN
Affirmative Action/Equal Opportunity Employer
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 . §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 . §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 . §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 :
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 , 1989 , and
extending through December 31 , 1989 .
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 . §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 , 1989 .
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 :
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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