Res 177-82 10/5/1982RESOLUTION NO. /77-a
RESOLUTION APPOINTING CAROL LEONARD THE OFFICIAL
COURT REPORTER OF THE MUNICIPAL COURT OF RECORD
OF THE CITY OF WICHITA FALLS, FIXING HER COMPENSA-
TION, AND APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH CAROL LEONARD
TO SERVE AS SUCH OFFICIAL COURT REPORTER.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. Carol Leonard is hereby appointed the official
Court Reporter of the Municipal Court of Record of the City of
Wichita Falls, and her compensation is fixed at the sum of $15 , 600. 00
per year.
SECTION 2 . That certain contract, a copy of which is attached
hereto, between the City of Wichita Falls and Carol Leonard, whereby
she furnishes services as official Court Reporter of the Municipal
Court of Record of the City of Wichita Falls, is hereby approved,
and the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 5th day of October, 1982 .
A Y O 2
ATTEST:
City Clerk
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THE STATE OF TEXAS
COUNTY OF WICHITA
WITNESSETH this agreement made this day of
1982, between the City of Wichita Falls, a municipal corporation,
hereinafter referred to as the "City", and Carol Leonard, hereinafter w -•Tf.M---
referred to as the "Reporter. "
TERM AND DUTIES
For, and in consideration of the compensation set out below,
the Reporter hereby agrees to serve as the Court Reporter of the
Municipal Court of Record of the City of Wichita Falls, and in such
capacity, to make a verbatim record of all trials, pre-trials and k
all other oral court proceedings by means of written symbols or
abbreviations in shorthand or machine shorthand writing, or oral i:.._ rw•:,:<,,.
stenography.
The Reporter shall commence her duties under the terms of this
contract on the day of October, 1982 and perform them, as
hereinafter set out, until and including the 30th day of September,
1983.
The Reporter agrees to perform the aforementioned duties at
the morning and afternoon sessions of the Municipal Court on each
Monday, Wednesday and Friday that the Court is in session, except
as follows: if any legal holiday falls on a Monday, and the
Court is not in session, the Reporter agrees to report the following
Tuesday's morning session of the Court; if any legal holiday falls
on a Friday, and the Court is not in session, the Reporter agrees
to report the preceding Thursday's morning session of the Court.
COMPENSATION
As compensation for the services rendered under this agreement,
the City agrees to pay to the Reporter the sum of $15,600.00 per
year, payable in equal bi-weekly installments of $600.00 payable
on the same day that regular City employees are paid.
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The City will provide all office supplies, including, but not
limited to stenotype paper, necessary for the performance of the
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Reporter's duties under this agreement.
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RECORD
Upon completion of each Court session reported, the Reporter
agrees to deliver, to the Clerk of the Municipal Court, the verbatim
record of the Court proceedings recorded.
The Reporter agrees that she will, without additional charge
to thethe City, prepare or cause to be prepared six (6) statements
of facts in cases appealed from the Municipal Court of Record,
during the duration of this contract. Any statements of fact pre-
pared in excess of six (6) during the contract period shall be
prepared or cause to be prepared by the Reporter at the rate of
Three Dollars ($3.00) per page.
SUBSTITUTE REPORTER
In the event that the Reporter, whether due to illness or any
other reason, cannot perform her duties under this agreement, she
agrees to provide, at her own expense, a Certified Court Reporter,
acceptable to the Presiding Judge, to perform her duties pursuant
to the terms of this agreement.
VACATION
The Reporter shall be entitled to a two-week vacation with
full pay; provided that she notify the full-time Presiding Judge of
the Municipal Court no less than two weeks prior to the time the
vacation is to begin and provided further that she take the two-
week vacation either in two one-week vacations or one two-week
vacation.
It is understood and agreed upon by the parties that the two-
week vacation includes only six (6) working days.
It is further understood and agreed upon that the Reporter
shall not be obligated to provide a Certified Court Reporter to
perform her duties while she is on vacation.
TERMINATION
The retention of the Reporter shall continue only as long as
the services rendered by the Reporter are satisfactory to the full-
time Presiding Judge of the Municipal Court of Record of the City
of Wichita Falls, regardless of any other provision contained in
this agreement. The Presiding Judge shall be the sole judge as
to whether the services of the Court Reporter are satisfactory.
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If the Reporter willfully breaches or habitually neglects c' •`
the duties which she agrees to perform herein, the City of Wichita
Falls may at its option terminate this agreement by giving written
notice of termination to the Reporter without prejudice to any other
remedy to which the City may be entitled to either at law, or in
equity, under this agreement.
STATUS OF REPORTER
It is agreed and expresslygxpy warranted for all purposes that the
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Reporter is an independent Contractor and is not an employee of the
City of Wichita Falls.
EFFECT OF TERMINATION ON COMPENSATION
In the event of the termination of this agreement prior to the
completion of the term specified herein, the Reporter shall be en-
titled to the compensation earned by her prior to the date of termina-
tion as provided for in this agreement computed pro rate up to and
including the date of termination. The Reporter shall be entitled t§F
to no further compensation after the date of termination of this
agreement.
EXCLUSIVE AGREEMENT
This agreement supersedes any and all other agreements, either
oral or written, between the parties hereto with respect to the reten-
tion of the Reporter by the City of Wichita Falls and contains all
of the covenants and agreements between the parties with respect to
such services in any manner whatsoever.
Executed at Wichita Falls, Texas on the day and year first
above written.
CITY OF WICHITA FALLS
By:
Carol Leonard
ATTEST:
City Clerk
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