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CITY OF NORTH OLMSTED RESOLUTION NO. 2012 - 120 By: Mayor Kennedy AN ORDINANCE ESTABLISHING A MAYOR'S COURT FUND, AFTER APPROVAL FROM THE AUDITOR OF STATE, AS INCLUDING AN AGENCY FUND AND A BOND FUND. TO ACCOUNT FOR THE RECEIPT OF FUNDS COLLECTED BY THE NORTH OLMSTED MAYOR'S COURT, AND DECLARING AN EMERGENCY, AS AMENDED. WHEREAS, Ohio Revised Code § 1905.21 provides for the Mayor and the Mayor's Court Magistrate to account for all fines, forfeitures, fees, bonds or costs assessed and collected by and through the Clerk of Court; and WHEREAS, the Ohio Auditor's Office requires the establishment of a separate Agency Fund and a Bond Fund in order to segregate and account for such funds collected by the Mayor's Court and audits the distribution of such funds in accordance with law; and WHEREAS, it is the desire of the Mayor and Council to establish a Mayor's Court Fund, as including an Agency Fund and a Bond Fund, in order to segregate and account for all funds paid into the Mayor's Court; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That there is hereby established a separate Mayor's Court Fund, as including both an Agency Fund and a Bond Fund, for the purpose of separating the receipt and deposit of all fines, forfeitures, fees, bonds or costs assessed by and paid to the North Olmsted Mayor's Court. The Director of Finance is authorized and directed to establish and request approval of such Mayor's Court Fund by the Auditor of State. Such ageney funds shall thereafter remain under the control and supervision of the Director of Finance, who shall impose and maintain all financial controls required by law, and provide for audit of such funds in accardance with local and state law; and SECTION 2: That the Mayor's Court Fund be and remain for an indefinite term, unless otherwise directed by Council, and further that the Director of Finance be and she is hereby authorized and directed to pay out of said Agency and/or Bond Funds such amounts as required and directed by Revised Code Sections 733.40 and otherwise in accordance with law; and SECTION 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare and for the further reason that it is necessary that this legislation go into effect immediately in order to commence operation of the Mayor's Court; and further provided that it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor.