Item 7ACITY OF SOUTHLAKE
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 18 DAY OF JANUARY 2005 ON FIRST
READING.
Mayor Andy Wambsganss
ATTEST:
Lori A. Farwell
City Secretary
PASSED AND APPROVED THIS THE 1` DAY OF FEBRUARY 2005 ON
SECOND READING.
ATTEST:
Mayor Andy Wambsganss
Lori A. Farwell
City Secretary
Ordinance No. 882
Page two
APPROVED AS TO FORM AND LEGALITY
City Attorney
Date Signed:
Date Approved:
Effective Date:
CITY OF SOUTHLAKE
Exhibit A
Professional Services Agreement
Alternate Judge
This Agreement, made and entered into the 1 st 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."
WITNE S SETH:
1. 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 11 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 Judge
Gary Lee Hach
City of Southlake, Mayor
Andy Wambsganss
ATTEST:
Lori A. Farwell
City Secretary
Approved as to legal form:
City Attorney
Date Signed:
Date Approved:
Effective Date:
Municipal Court Judge
Duties
Essential Functions:
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 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.
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