Res 053-97 3/18/1997RESOLUTION NO. L3 17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH WICHITA COUNTY, TEXAS,
ALLOWING ASSOCIATE MUNICIPAL JUDGES TO PERFORM
CERTAIN MAGISTRATE DUTIES ON CERTAIN SELECTED
WEEKENDS FOR WICHITA COUNTY, TEXAS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS:
SECTION 1. That the City Manager be and is hereby authorized to
execute an Interlocal Cooperation Agreement with Wichita County, Texas, which
allows the Associate Municipal Judges to perform certain judicial duties on certain
selected weekends on behalf of Wichita County, Texas, in accordance with the terms
and conditions of said agreement, attached hereto and made a part hereof for all
purposes.
SECTION 2. It is hereby found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of March, 1997.
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M� A Y 0 R
ATTEST:
)1A CAAL3
City Clerk
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA §
This agreement, made and entered into this _ day of March, 1997, by and
between the City of Wichita Falls, Texas, a municipal corporation, acting by and
through its duly authorized City Manager, and Wichita County, Texas, acting by
and through its duly authorized County Judge,
WITNESSETH:
WHEREAS, Wichita County, Texas, has requested the City of Wichita Falls,
Texas, to assist Wichita County Magistrates in performing judicial duties on certain
selected weekends; and,
VMEREAS, the City of Wichita Falls, Texas, has agreed to allow its
Associate Municipal Judges to perform magistrate duties on certain weekends at
the Wichita County Detention Center; and,
WHEREAS, such an agreement is authorized under Chapter 791,
Government Code (Interlocal Cooperation Act).
0J,
NOW, THEREFORE, for and in consideration of the mutual covenants
hereinafter set forth, Wichita County, Texas, and the City of Wichita Falls, Texas,
agree as follows:
1. SERVICES TO BE PERFORMED. The City of Wichita Falls, Texas,
through its Associate Municipal Judges shall perform for Wichita County the duties
set forth below:
a. advise arrested person(s) of their constitutional rights from
"rights sheet";
b. set an appropriate bond for each offense charged against the
arrestee;
C. review and determine probable cause for each case, and if
probable cause is found, sign the appropriate probable cause
form;
d. approve personal recognizance bonds where appropriate;
e. issue "interlock driving device orders" in appropriate cases;
f issue temporary (30) [family violence] protective orders if
requested;
9. contact Juvenile detention Center to review and determine
probable cause for each juvenile case as requested, and if
probable cause is found, sign the appropriate probable cause
form;
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h. advise juvenile detainees of their constitutional rights if
requested in accordance with Section 51.09, Texas Family Code,
as well as reviewing and witnessing a juvenile detainee
confession, if requested;
i. review and sign search warrant requests, if appropriate; and,
j. read appropriate constitutional rights for out -of -state fugitives,
set appropriate bond, and complete appropriate paperwork.
2. EMPLOYMENT OF ASSOCIATE MUNICIPAL JUDGES. The
City of Wichita Falls, Texas, shall employ the Associate Municipal Judges to
perform the duties under this Agreement. It is understood and agreed that the
Associate Municipal Judges performing duties under this Agreement shall be
considered agents of Wichita County, Texas.
3. COMPENSATION. Wichita County agrees to pay the City of Wichita
Falls, Texas, the sum of $150.00 for each weekend in which the City of Wichita
Falls Associate Municipal Judges are utilized under this Agreement. Payment shall
be made on a quarterly basis.
4. WORK SCHEDULE. It is contemplated under this Agreement that
the Associate Municipal Judges will participate in a rotating weekend on -call
schedule, in which each Associate Municipal Judge will perform weekend
magistrate duties approximately every fifth weekend. A final determined schedule
will be agreed to in advance by the Wichita County Justices of the Peace, Precinct
One, and the City of Wichita Falls Associate Municipal Judges.
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4. TERM. The term of this Agreement shall be for a period of one (1)
year, commencing March , 1997, and ending March , 1998, and shall be
automatically renewed for successive one (1) year periods unless terminated as
hereinafter provided. Either party shall have the right to terminate this Agreement
by giving the other party at least sixty (60) days written advance notice of its intent
to do so. If mutually agreeable between the parties, this Agreement may be
terminated after the expiration of thirty (30) days.
EXECUTED as of the day and year first set out above.
Attest:
Commissioners' Court Clerk
Attest:
City Clerk
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Wichita County, Texas
Nick Gipson, County Judge
City of Wichita Falls, Texas
James Berzina, City Manager