Introduced By: ___________________
Seconded By: ___________________
AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE VILLAGE OF MANTUA AND THE PORTAGE COUNTY PUBLIC DEFENDER COMMISSION FOR THE TIME PERIOD JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 TO PROVIDE INDIGENT DEFENDANTS CHARGED WITH “JAILABLE OFFENSES” DEFENSE COUNSEL, AUTHORIZING THE MAYOR AND THE VILLAGE CLERK-TREASURER TO ENTER INTO AN AGREEMENT TO THIS EFFECT, AND DECLARING AN EMERGENCY
WHEREAS, the Village of Mantua maintains a criminal offense code which designates certain offenses committed within the Village of Mantua as offenses for which punishment by imprisonment may be ordered (jailable offenses); and
WHEREAS, Mantua Village Council recognizes, as determined by the United States Supreme Court, that anyone charged with a jailable offense under Mantua’s Code of Ordinances who cannot afford to hire a defense attorney to represent them (an indigent individual), is entitled to have one provided to him/her at no charge; and
WHEREAS, the Village of Mantua has previously, for many years, arranged to handle this obligation by contracting with the Portage County Public Defender Commission (the Commission) which, if called upon to do so, would provide a defense attorney to an indigent individual charged with a jailable offense under the terms provided in an Agreement existing between the Village and the Commission; and
WHEREAS, over the years, Village Council has determined this to be the most expeditious and cost-effective method for handling this obligation, and remains so at this time; and
WHEREAS, Village Council desires for calendar year 2005, to maintain this system by approving of the attached Agreement with the Commission and by authorizing the Mayor and the Village Clerk-Treasurer to execute the documents necessary to enter into this Agreement; and
WHEREAS, Council wishes to declare an emergency as the renewal date is rapidly approaching;
NOW, THEREFORE, BE IT ORDAINED by the Council for the Village of Mantua, County of Portage, State of Ohio, that:
Section 1. Village Council hereby approves the Agreement between the Village of Mantua and the Portage County Public Defender Commission for Calendar Year 2005, and further authorizes the Village Mayor and Clerk-Treasurer to execute the documents necessary to extend these agreements.
Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 3. This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety of this municipality and for the further reason that the renewal date for this Agreement is quickly approaching, and Village Council wants to approve the conclusion of this Agreement at the earliest possible opportunity. Wherefore, provided it receives the affirmative vote of five or more of the members elected or appointed to this Council, this Ordinance shall take effect and be in force immediately upon its passage by Council and approval of the Mayor; otherwise, it shall take effect and be in force from and after the earliest time allowed by law.
| Adopted:________________________
Effective:________________________ Attest:________________________
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Approved:________________________
By:________________________
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I, Betsy Woolf, Clerk of the Village of Mantua, Ohio, hereby certify that this Ordinance was duly published by public posting at predesignated posting places.
1st Reading: _________
2nd Reading: _________
3rd Reading: _________
Approved as to be Legal Form by:
___________________________
Betsy Woolf, Mantua Village Clerk-Treasurer
David M. Benjamin, Village Solicitor