Res 131-2002 12/17/2002a
RESOLUTION NO. 1 -,� \ - a [)C)2
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.
WHEREAS, on March 18, 1997, the City Council approved an Interlocal
Cooperation Agreement between the City of Wichita Falls and Wichita County, whereby
associate municipal judges would be allowed to perform certain judicial duties on
certain selected weekends on behalf of Wichita County, Texas; and
WHEREAS, said agreement has been automatically renewed on an annual
basis; and
WHEREAS, it is the desire of the City Council to amend this agreement to
provide for an increase in the salary of the associate municipal judges from $150.00 to
$260.00 per weekend.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager be and is hereby authorized to execute an
Interlocal Cooperation Agreement with Wichita County, Texas, a copy of which is
attached hereto and made a part hereof for all purposes, 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.
SECTION 2. It is hereby officially 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 17th day of December, 2002.
ATTEST:
Al
City Clerk
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This agreement, made and entered into this day of December, 2002, 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, 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
WHEREAS, 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);
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 all duties of a Magistrate as
provided in the Texas Penal Code, Texas Code of Criminal Procedure, and Texas Family Code.
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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 are agents of Wichita County, Texas.
3. COMPENSATION. Wichita County agrees to pay the City of Wichita Falls, Texas,
the sum of $150.00 260.00 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 .AEhir' , o ° ^�,
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.
4. TERM. The term of this agreement shall be for a period of one (1) year, commencing
January 1, 2003, and ending December 31 2003, 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. Further, this agreement replaces and
supercedes in its entirety the agreement entered into by the parties on March 18, 1997,
concerning the same subject matter.
EXECUTED as of the day and year first set out above.
an
ATTEST:
Commissioner's Court Clerk
ATTEST:
City Clerk
WICHITA COUNTY, TEXAS
The Honorable Woodrow W. Gossom, Jr.
Wichita County Judge
CITY OF WICHITA FALLS, TEXAS
James Berzina, City Manager
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AGENDA ITEM NO. 9D