Loading...
0949OFFICIAL RECORD CITY O SOUTHLAKE O RDINANCE NO. 949 AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORING THE MAYOR R T EXECUTE AN AGREEMENT ENT WITH THE ALTERNATE MUNWIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE, E IT ORDAINED BY THE -CITY COUNCIL, F THE CITY O S UTHLAKE, TEXAS, THAT: Section 1. That Gary Lee. Hach is hereby appoin alternate municipal judge of th e City o f S uth1ak , Texas, for a. term of two years, which will expire F bru a 1, 2011 in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference .rin. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "'A + "' PASSED AND APPROVED THIS THE I DAY OF beeembe.,k.W ON FIRST READING. Mayor ArOy Wambsgan ATTEST:`' P V� a +• .ra @ �. Lori A. Pa City Secretary s PASSED AND APPROVED THIS THE W"h DAY OF S ON SECOND READING. Mayor An y Wambsganss ATTEST: Lori A. Payne City Secretary APPROVED O FORM AND LEGALITY City Attorney Date Signed.: � q 0. 7__ 0 1 Date Approved: l -& A Effective Date: •ag __ OFFICIAL RECORD CITY OF SOUTHLAKE Exhibit A Professional Services Agreement Alternate Judge This Agreement, made and entered into the &+' dday of Inumv 2CCR., by and between the City of Southlale, Texas, a Municipal Corporation of the Skate of Texas, hereinafter referred to as "City," and GqU Lee Hach hereinafter referred to as "Alternate Judge." WlTI S SETH: 1, City does hereby agree to eater into an Agreement with Lee Hach for Alternate Judge services for a period of two 2 gears, beginning on February 1, 2009 and continuing through midnight on February 1, 2011, at a salary of per required arrai 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 municipal judge as outlined %n more detail in Exhibit 1. Further, the Alternate Judge, while serving as rnumcipal 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 tines, 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. luring this Agreement, the Alternate Judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter v of the City of Southlale Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlae, Section 30 of the Texas Goverment Code, and all other applicable laws pertaining to the operation of the Southlal e 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 tale 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 Mn Chapter v of the City of S uthla e Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Suthlac. 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 G vemment 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 tarty 3 days prior to the requested date of termination. Unapproved abandonment nment f the Agreement shall be considered a default by the Alternate .fudge in the performance f this Agreement. In Witness Whereof, City has caused this Agreement to e signed in its name by Andy Wmhs.nss, 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 Judge City of Southla e, Mayor bar'y Le9ftach Andy Wmhsgnss ATTEST: V lilies Lori A. Payne City Secretary P ee .# 4' s a 0 10010 Municipal Court Jud Ditties Essential unctions: 1. 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 nog jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Curt 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. '. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. 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 Preview Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: JAN 1 a 2009 CITY OF SOUTHLAKE C c P1 1400 MAIN ST OFFICE lFf iCC V U STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE CITY OF SOU] F NoO tio Sales Discount bf t Misc Fee that a public ne will be held on uary 6, 2009, at wing td the fol o Session, durinc Regular City Cc meeting to be in the City Cc Chambek's of Hall, 1400 Street, Souti Texas. PurPos the public heari to consider the sec - the I3580 1 39 Customer ID: CIT57 Invoice Number: 302107951 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 39 LINE Net Amount: 12/20/2008 Net due in 21 days 12/31 /2008 20900115-000 30210795 073 CITY OF SOUTHLA 12/20/2008 $0.81 $31.59 ($8.50) $5.00 $28.09 ORDINANCE NO. 949 _ AN ORDINANCE AP- POINTING AN AL- , TERNATE MUNICI- PAL JUDGE AND _ AUTHORIZING THE MAYOR TO EXE- CUTE AN AGREE- MENT WITH THE ALTERNATE MU- NICIPAL JUDGE; ,���, C��� AND PROVIDING AN THE STATE O EFFECTIVE DATE. City County Of Tarr: Cety sre Sec retary taryof Southlake Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 th bove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7501 t \ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Dec tuber 30, 2008. �U/ Z ": 'iF- ` Notary Publicoe i dTgOFj��PS w 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: 302107951 Invoice Amount: $28.09 PO Number: 20900115-000 Amount Enclosed: $ INVOICE Preview Star -Telegram Customer ID: CIT57 400 W. 7TH STREET 3';� g� R I� i'"" E ° " E Invoice Number: 302388421 FORT WORTH, TX 76102 Invoice Date: 1/11/2009 (817) 390-7761 Federal Tax ID 26-2674582 2 3 Terms: Net due in 21 days J A i d 2009 Due Date: 1/31/2009 Bill To: f t" " r fi P PO Number: PO#20900115-000 CITY OF SOUTHLAKE ' i' R - RY 1400 MAIN ST ' Order Number: 30238842 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Dates: 1/9/2009-1/11/2009 Attn Attn: ACCOUNTS PAYABLE Description ; ._ .. Locatio 4 Cool Depth Linage,,,, MU''- :Rate Amount --- CITY OF CITY OF SOUTI SOUTHLAKE CE NO I3580 1 27 27 LINE $0.50 $26.87 NO. 949 N ORDINANCE AP Sales Discount AL- TERNATE MUN CI- ($ 17.00) PAL JUDGE AND AUTHORIZING THE MAYOR TO EXE- M1se Fee CUTE AN TAGREE- 1 $5.00 PROVED THIS TH 6th DAY OF JANU- ARY, 2009, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary RECEIVED CITY 0= AKE Net Amount: $14.87 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 gbove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 n ,r *� A ...uiiif0lu... SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, January 1 ,.,2009. _ J f, n Notary Public ek-h j �C_ ����"�'1 q�OFTE�'P '• +9.20101���ti������`` 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: 302388421 Invoice Amount: $14.87 PO Number: PO#20900115-000 Amount Enclosed: $