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0806CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 806 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 TIlE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Andy Wambsganss is hereby appointed alternate municipal judge of the City of Southlake, Texas, for a term of two years, which will expire August 7, 2003, 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 ,]TH DAY OF AUGUST 2001 IN FIRST READING. May~r Rick Stacy ~ ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED THIS THE 21sT DAY OF AUGUST 2001 IN SECOND READING. MTyor/Rick Stacy ATTEST: City Secretary Ordinance No. 806 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney D~A EFFECTIVE T CITY OF SOUTHLAKE Professional Services Agreement Alternate Judge This Agreement, made and entered into this /-~ day of ~ , 2001, by and between the City of Southlake, Texas, a M~nicipal Corpo~tion oil the State of Texas, hereinafter referred to as "City," and Andy Wambsganss, hereinafter referred to as "Alternate Judge." WITNESSETH: City does hereby agree to enter into an Agreement with Andy Wambsganss for Alternate Judge services for a period of two (2) years, beginning on August 7, 2001, and continuing through midnight August 7, 2003, at a salary of $65 per required arraignment period and $250 per court session. 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 A. 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. 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. 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: Lexis/Nexus - Online Case Tracking Texas State Bar Association 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. 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. 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. 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. 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. I0. 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 Rick Stacy, 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 Andy Wambsg~sssss City of Southlake, Mayor ATTEST: soo';:,,,, '....fy'-, g~dra L. LeGrmd %* '... ...~,~ City Secret~ %,,~ ,,,,,'~ Approved as to legal form: Date:,~~ / Municipal Court Judge Duties Essential Functions: Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal stalues. Hold and preside over hearing and make rulings on misdemeanors in non-jury trials. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 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 magistration duties. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 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 A INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 203839501 FORT WORTH,TX 76102 Invoice Date: 8/10/01 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/01 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 20383950 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 8/10/01 :::::::::...::............. • • mekWwvL)Wwa. . ...,... ::::.:: NOTICE OF PUBLIC HEARING Notic I3580 1 39 39 LINE $6.08 $237.12 NOTICE EORINPUBLIC ($205.53) Sales Discount Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on August 21, 2001, at 7:00 p.m., during $31.59 the Reggular City, Net Amount: Council Nreeting to be held in the City j Council Chambers of Town Hall, 1400 Main' Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 806 AN ORDINANCE AP- .'POINTING AN AL- TERNATE MUNICI- PAL JUDGE AND AUTHORIZING THE .MAYOR TO EXE- -CUTE AN AGREE- THE STATE OF AL ERN NT ATEH THE MU- NICIPAL JUDGE; County of Terre PEOV DE ATAN E. EF- City of Southlake Before me, a NI c ydSec. eY rand said County and State,this personally appeared Christy Holland,Bid and Legal Coordinator for the Star-Telegram,-puma iou ., .,e Star-Telegram, Inc. at Fo or , in Tarrant County,Texas; nd who, after being duly sworn,did depose and say that the attached clipping of an advertisement as u ished in the abo'a med p per on the listed da s: Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday, Aug st 1 , 01. Notary Public .� ,. '� MY COMVICKIMISSIONL.WASON EXPIRES .' ;.„„M ` AUGUST 28,2004 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: 203839501 Invoice Amount: $31.59 PO Number: Amount Enclosed: ,.:$ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 204372971 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/24/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/01 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 20437297 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/24/01 tt tion oi : e h e iU': Rate CITY OF SOUTHLAKE TEXAS CITY O I3580 1 39 39 LINE $6.08 $237.12 ITYSales Discount SOUTHLAKEO TEXAS CITY OF ($205.53) SOUTHLAKE, TEXAS ORDINANCE NO. AN ORDINANCE AP- POINTING AN AL- TERNATE MUNICI- $31.59 PAL JUDGE AND Net Amount: AUTHORIZING THE MAYOR TO EXE- CUTE AN AGREE- MENT WITH THE ALTERNATE MU- NICIPAL JUDGE' AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX- AS, THAT; PASSED AND AP- PROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEX- AS, ON THIS THE 21st DAY OF AU- GUST 2001. MAYOR RICK STACY ATTEST: SANDRA L. THE STATE OF TE) SecRETAhY CITY County of Tarrant AFORPPROM:VE D. A AS LLEN TO Z. ATTORNEYR., CITY Before me, a Notary ,,wilt.. in dnu ror saga County and State,this y personally appeared Christy Holland,Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at F rt or , in Tarrant County,Texas; an who, after being duly sworn,did depose and say that the attached clipping of an advertisemen a p lished in the above pa d p on the listed dates: ((� )� Signed ,(,>� VLL4,t SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday, August 24 -Y\ , 2 01. . Notary Public �/'`•'�-T`' 1() //��! , ; "%`': VICKI L.WASON ;` MY COMMISSION EXPIRES L�_•,9 ., AUGUST 28,2004 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: 204372971 Invoice Amount: $31.59 PO Number: Amount Enclosed: ..:::.:::::: .... . :.....