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0882CITY OF SOUTHLAKE OFFICIAL RECC,,,,'.'. ORDINANCE NO. 882 AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Gary Lee Hach is hereby appointed alternate municipal judge of the City of Southlake, Texas, for a term of two years, which will expire February 1, 2007, in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A." PASSED AND APPROVED THIS THE 18TH DAY OF JANUARY 2005 ON FIRST READING. ATTEST: At,A, - a 4W_)P-W Lori A. Farwell City Secretary "11921118+64ayor u TH'7 °i °°° CJe•meeeo®• eee !, oe ate; ;ma eR e 6 mmemm e y Wambsganss PASSED AND APPROVED THIS THE 1" DAY OF FEBRUARY 2005 ON SECOND READING. ATTEST: �L-a —/,-I .44�� Lori A. Farwell City Secretary Mayor Anay Wambsganss ®U-rpj, ��,, i e•N`°` r,°r • e =U ` e C) e � °e• m e ev e• seem e� �� •eoemm• ee s��`eB.1ll1\116,�` Ordinance No. 882 Page two APPROVED AS TO FORM AND LEGALITY City Attorney Date Signed: Date Approved: Effective Date: a'L{�� CITY OF SOUTHLAKE Exhibit A Professional Services Agreement Alternate Judge This Agreement, made and entered into the 1" day of February 2005, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and Gary Lee Hach, hereinafter referred to as "Alternate Judge." WITNESSETH: City does hereby agree to enter into an Agreement with Gary Lee Hach for Alternate Judge services for a period of two (2) years, beginning on February 1, 2005, and continuing through midnight on February 1, 2007, at a salary of $65 per required arraignment period and $250 per court session. 2. The Alternate Judge agrees to serve as Judge in the temporary absence of the Municipal Judge due to illness, family death, continuing legal or judicial education programs, or any other reason. The Alternate Judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge as outlined in more detail in Exhibit 1. Further, the Alternate Judge, while serving as a municipal judge, shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. 3. During this Agreement, the Alternate Judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 4. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for his/her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Texas State Bar Association 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of Alternate Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 6. City does hereby agree to review the Alternate Judge's compensation on an annual basis at the time the municipal Judge's performance is reviewed by the City Council. 7. The Alternate Judge shall not take on representation of a client adverse to the City. The Alternate Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 8. The Alternate Judge warrants he/she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Southlake. 9. The city may remove the Alternate Judge from office during his/her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 10. A request by the Alternate Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Alternate Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Andy Wambsganss, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Alternate Judge has hereunto set his/her hand and seal the date first above written. Alternate udge Gary Lee Hach ATTEST: Lori A. Farwell City Secretary a`aa`•GQ "' T' •% aaa � ✓ •.sw•c� i • •A ° s (n City of Southlake, Mayor dy V7ambsgganss Municipal Court Judge Duties Essential Functi Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not bee established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of ministration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. S. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit 1 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 251062831 FORT WORTH, TX 76102 ! Invoice Date: 1 /21 /05 (817) 390-7761 t' Federal Tax ID 22-3148254 f; LG1a+ Terms: Net due in 21 days Due Date: 1/31/05 Bill To: .. PO Number: CITY OF SOUTHLAKE CIFFICE OF CITY SEA 1400 MAIN ST Order Number: 25106283 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 1/21/05 Attn JEAN . COLEMAN Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 I -,y 39 LINE S0.81 $31.59 Net Amount: :i�"";jFy' CHRISTY L. HOLLAND '�E MY COMMISSION EXPIRES July 31,2008 VZO THE STATE OF TEXAS County of Tarrant S31.59 Before me, a Notary Public in and for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the abpve rimed paper on the listed dates: BIDS 81 LEGAL DEPT. STAR TLEGRAM (817) 390-7320 r /' Signed_ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, January 2 Notary Public Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 251062831 Invoice Amount: $31.59 PO Number: Amount Enclosed: $ INVOICE , . Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 251591921 FORT WORTH,TX 76102 (817)390-7761 -------((—l5��.-- - Invoice Date: 2/4/05 Federal Tax ID 22-3148254 O O U M Terms: Net due in 21 days r n . Due Date: 2/28/05 ,. Bill To: HS 2 1 PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 25159192 STE 440 OFFICE OF CITY SECRETARY Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn JEAN .COLEMAN Publication Date: 2/4/05 x VeS . �:� r' , ' . 8 liu 'ilk. CITY OF SOUTHLAKE ORDINANCE NO 13580 1 27 27 LINE $0.81 $21.87 CITY OF SOUTHLAKE ORDINANCE NO. AN ORDINANCE AP- POINTING AN AL- Net Amount: $21.87 TERNATE MUNICI- PAL JUDGE AND AUTHORIZINGR EXE- CUTE AN AGREE- MENT WITH THE ALTERNATE MU- PPNAANDROVIDIG N EFFECTIVE DATE. PASSED THIS THE 1ST DAY OF FEB- R- ING IEEGL A THE REGULARRUUAR CITY COUNCIL MEETING. MAYOR: Andy Aganes TTEST:: Lod Farwell. City dwaserwwwwwwwwirsar 4,0.... CHRISTY L HOLLAND '*1 *` MY COMMISSION EXPIRES �• !;s July 31,2008 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published In the above named paper on the listed dates: BIDS SI LEGAL DEPT. STAR TLEGRAM (817) 390-7320 , Signed U0,12,41A- SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, February 1,2 - Notary Public ... ---.-- Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 251591921 Invoice Amount: $21.87 PO Number: Amount Enclosed: 4