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HomeMy WebLinkAboutRes 2024-10-1687 Appoint Municipal Court Associate Judge Jeffrey BeltzCITY OF ANNA, TEXAS RESOLUTION NO.2024 —10 -47#7 A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPOINTING ASSOCIATE JUDGE OF THE MUNICIPAL COURTS OF THE CITY OF ANNA, SETTING THE TERMS OF OFFICE AND MANNER OF COMPENSATION FOR THE JUDGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4.03 of the City of Anna Home Rule Charter provides for the selection and appointment of the judges of the municipal courts of the City of Anna ("City"); and WHEREAS, the Municipal Judges, including the Municipal Judges designated as "Associate Judge" to serve in the absence of the Chief Judge, are to be selected and appointed by the City Council to serve specific terms; and WHEREAS, the City's appointment of the senior Municipal Judge in Resolution 2010- 02-02 has established two-year terms for the position, each beginning on February 91' of even - numbered years; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section I. The City Council hereby appoints the following individual to fill the position of Municipal Court Associate Judge ("the Judge") of the City of Anna Municipal Courts: NAME POSITION COMPENSATION Jeffrey Beltz Associate Judge Contract Section H. The City Council hereby appoints the Judge to serve out the remainder of any ongoing term and thereafter to serve subsequent term of office of two (2) years, until such time as the City Council may take action to appoint other personnel to their designated position. Section III. The Judge's compensation shall according to the rate established through an duly executed agreement with the City for all judicial duties associated with the City of Anna's municipal court dockets, presently anticipated to include two in -person court dates per month, and to include administrative matters, document signing hearings, and trials, and such other judicial duties which may be performed on days when court is not in session. Each Associate Municipal Judge's compensation shall be calculated according to the hours of actual work performed as an Associate Municipal Judge for the City at the same rate as the Chief Municipal Judge, unless otherwise specified in an engagement agreement with the City. CrFY OF ANNA RESOLUTION NO. // O rI PAGE 1 Section IV. Nothing in this resolution limits or otherwise prevents the City Council from revising the compensation of any individual appointed as one of its Judges at any time. Section V. This resolution and the appointments shall become effective immediately. DULY PASSED AND APPROVED this the 8th day of October 2024. ATTEST: 1913 Carrie Land, CITY AP ROVED AS TO FORM: C cCoy, CITY AIIORNEY r�2L�� P e Cain, MAYOR CITY OF ANNA RESOLUTION NO. / & g % PAGE 2 PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL ASSOCIATE JUDGE SERVICES STATE OF TEXAS § COUNTY OF COLLIN § THIS AGREEMENT its made and entered into as of the 81h day of October 2024, by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 120 W. 71h Street, Anna, Collin County, Texas 75409, hereinafter called "City" and Jeffrey Beltz, Beltz Law Group, PC with his/her office address of 3200 Broadway Blvd., Suite 170, Garland, TX 75043, hereinafter called "Associate Judge" acting herein, by and through their themselves or their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT City hereby contracts with Associate Judge, as an independent contractor, and the Associate Judge hereby agrees to perform the services herein in connection with the Position as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following position: The position shall include, without limitation, the general services traditionally performed by a municipally retained or employed Municipal Court Associate Judge including without limitation the services described under Article 2 of this Agreement. ARTICLE 2 SCOPE OF SERVICES The Associate Judge shall perform the duties and functions specified in applicable provisions of the City of Anna Home -Rule Charter and the City's ordinances, as amended, and other applicable State law and local ordinances and regulations pertaining to the position of a Municipal Court Associate Judge and as the City Council may, from time to time, assign to the Associate Judge, consistent with the intent of this Agreement. ARTICLE 3 TERM OF SERVICE, TERMINATION AND RESIGNATION This Agreement shall become effective upon execution of this Agreement by City and the Associate Judge, The Associate Judge serves at the pleasure of the City Council and nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council, PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page '1 of 5 or the Associate Judge, to terminate the services of the Associate Judge at any time in accordance with applicable law. If the Associate Judge terminates this Agreement by voluntary resignation, the Associate Judge must give at least 30 days notice in advance unless the Council agrees otherwise. During the Associate Judge's service, the term of this Agreement is for two years beginning on the date of its execution by both parties unless the Council has expressly set a different starting date for the term by resolution in which case such resolution shall control. Unless the Council terminates the services of the Associate Judge within 90 days of the end of a term, the Associate Judge will continue to serve for an additional two-year term --deemed to have begun on the day after the expiration of the preceding term —under the same terms of this Agreement, except that the Associate Judge will continue to receive the same rate of compensation for the additional two-year term that the Associate Judge was receiving at the end of the second year of the Associate Judge's earlier two-year term. ARTICLE 4 COMPENSATION City agrees to pay the Associate Judge and the Associate Judge accept payment at an hourly rate of $180 for all work performed in furtherance of the duties and functions set forth in Article 2, above. This compensation is payable within a reasonable period, but no longer than 30 days, after receiving an itemized billing statement from the Associate Judge showing all work performed in increments of tenths of an hour. As additional compensation, the Associate Judge shall be entitled annually to a $25 reimbursement for expenses paid by the Associate Judge related to state -mandated continuing education for municipal judges. ARTICLE 5 INDEPENDENT CONTRACTOR The Associate Judge shall provide services to the City as an independent contractor, not as an employee of the City. The Associate Judge shall not have or claim any right arising from employee status. The City shall not control the means, methods, sequences, procedures, or techniques utilized by the Associate Judge to perform work or services under this Agreement or any associated task order. ARTICLE 6 INDEMNIFICATION To the fullest extent permitted by law, the City must defend, save harmless and indemnify Associate Judge against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out: of an alleged act or omission occurring in the performance of Associate Judge's duties within the Associate Judge's lawful jurisdiction, and must obtain and keep in full force and effect liability insurance, or risk pool coverage, including errors and omissions coverage on a "per occurrence" basis, in sufficient amounts to assure accomplishment of this hold harmless and indemnification provision; provided that this section does not create any right, cause of action, or claim of waiver or PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Wage 2 of 6 estoppel for or on behalf of any third party, nor its it a waiver or modification of the availability of the defense of governmental immunity or any other legal defense, limitation or immunity available to either the City or the Associate Judge as to any third party; and provided further that City is not obligated to indemnify and hold harmless the Associate Judge from and with respect to any claim or liability for which the conduct of the Associate Judge is found by the courts to have been grossly negligent or to have committed intentionally wrongful conduct, This indemnification extends beyond and survives the termination of employment and the expiration of this Agreement. ARTICLE 7 HOURS OF WORK It is recognized that the Associate Judge is expected to engage in the hours of work that are necessary to fulfill the obligations of the position. The Associate ,fudge agrees to devote the amount of time necessary for the full and proper performance of the Associate Judge's duties and that the compensation provided for in this Agreement includes compensation for the performance of all services rendered. ARTICLE 8 NOTICES All notices, demands, and other writings may only be delivered by either party to the other by United States Mail, or by a reliable commercial courier at the following addresses: To Associate Judge: Jeffrey Beltz Beltz Law Group, PC 3200 Broadway Blvd. Ste.170 ^Garland, TX 75043 To City: City Manager City of Anna 120 VV. 7th Street Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing: ARTICLE 9 CONFLICT OF INTEREST PROHIBITION The Associate Judge may not, during the Term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City, except for stock ownership in a company whose capital stock is publicly held and regularly traded on any stock exchange, without the prior written approval of the Council. For and during the Term of the Agreement, the Associate Judge may not invest in any real estate or property improvements within the City without the prior written consent of the Council, except for a personal residence or residential property acquired or held for future use as the Associate Judge's personal residence. The PROFlrSS51NAL StRVICES AGREENfPag Of UNICIAAL COURT Jlil?C�E SERVICES Associate Judge must also comply at all times with all provisions of the City's Code of Ethics, as amended. ARTICLE 10 GOVERNING LAW This Agreement is governed by the laws of the State of Texas. Venue for any dispute arising out of this Agreement is exclusively in Collin County, Texas. ARTICLE 11 ENTIRE AGREEMENT This Agreement incorporates all the agreements, covenants and understandings between the City and the Associate Judge concerning its subject matter, and all covenants, agreements and understandings have been merged into this written Agreement. No other agreements or understandings, verbal or otherwise, of the parties or their agents are valid or enforceable unless embodied in this Agreement. ARTICLE 12 SEVERABILITY In the event any one or more of the sections, provisions or clauses contained in this Agreement is for any reason held to be invalid, illegal or unenforceable in any respect, it does not affect any other provision of this Agreement, and this Agreement will be construed as if the invalid, illegal or unenforceable provision does not exist. ARTICLE 13 WAIVER With the sole exception of an action seeking specific performance of this Agreement, the Associate Judge waives all remedies at law and in equity in connection with any dispute arising out of this Agreement, including but not limited to any claim for attorney fees. ARTICLE 14 ASSIGNABILITY The Associate Judge shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) or allow any other persons to discharge the scope of services set forth in this Agreement without the prior written consent of the City. This provision is not intended to limit the Associate Judge's ability, when appropriate and lawful, to transfer or receive a transferred case from another of the City's municipal judges or courts. PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 4 of 5 ARTICLE 15 MODIFICATION This Agreement may not he modified or amended except by a written instrument executed by the Associate Judge and the duly authorized representative of the Council. ARTICLE 16 COUNTERPARTS This Agreement may be executed in duplicate original counterparts, each of which when executed is deemed to be an original, and those counterparts together constitute the same instrument. AS WITNESSED, the City and the Associate Judge have executed this Agreement effective as of the date first written above. CITY OF ANNA, TEXAS Pete Cain, Mayor ATTEST: y Carrie L. Land, City S creta AGREED AND ACCEPTED this the day of c�r2vu 2025. [type name udge here] City of Ann unicipal Court Associate Judge PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 5 of 5