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CC Resolution No. 2975 RESOLUTION NO. 2975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING EDDIE R. CALDERON, JR. AND LARRY BAILEY ASSOCIATE MUNICIPAL JUDGES OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO CONTRACTS FOR PROFESSIONAL JUDICIAL SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ********************************************************************************* WHEREAS, Chapter 60 of the Code of Ordinances of the City of Baytown,Texas provides for the appointment of judges and court personnel of the Municipal Court of Record in the City of Baytown, Texas (the"Municipal Court"); and NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown hereby appoints Eddie R. Calderon,Jr. and Larry Bailey("Associate Judges")to serve as Associate Judges of the Municipal Court for a period of one(1)year commencing immediately and ending on January 31, 2026. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor to execute and the City Clerk to attest to a Contract for Professional Judicial Services with each Associate Judge for a period of one (1) year commencing immediately and ending on January 31, 2026 in substantially the same form as as Exhibit "A" attached hereto and incorporated herein for all intents and purposes. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Cou icil of the City of Baytown this the 13t1i day of February, 2025. CffXRLES-JOffTON, Mayor ATTEST: h�G4�p,Y7nWN��_ e e ANGELKJACK 1,-City l$ e 7 e e c OF APPROVED A TO - SCOTT LEM ND, City Attorney R:Ordinances and Resolutions Resolution Dralis City Council\2025-02-13 Appoint Associate Judges.docx EXHIBIT "A" Contract for Professional Judicial Services STATE OF TEXAS § COUNTY OF HARRIS § This Contract for Professional Judicial Services, hereinafter known as "Agreement," is made by and between the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter known as the "City" and , an attorney and counselor at law, duly admitted and licensed to practice in all courts in the State of Texas, hereinafter known as the "Judge"; and the City and the Judge, hereinafter collectively referred to as the "Parties," hereby make and enter into the following agreement: ARTICLE I Contingency This entire Agreement is expressly contingent upon sufficient appropriations and authorization being made by the City for the performance of this Agreement. If at any time during the period of performance under this Agreement, the City does not make sufficient appropriations and authorizations, this Agreement shall terminate upon written notice being given by the City to the Judge. The City's decision as to whether sufficient appropriations are available shall be accepted by the Judge and shall be final. ARTICLE II Appointment,Term, and Termination 2.01 Appointment. On the day of , 202 , the City Council of the City of Baytown appointed the Judge to hold the office of an Associate Municipal Court Judge, with the duties of presiding over the Municipal Court of Record in the City of Baytown, Texas, as further described in Article III herein. 2.02 Term. The term of office of the Associate Municipal Court Judge is two years. Such term commences on , 202 , and ends on January 31, 202 . The Judge understands and expressly agrees to such term of office and agrees to perform the services as required in this Agreement for the term of office, which commences on the day of , 202 . 2.03 Termination. a. City's right to terminate. The City,besides all other rights or remedies it may have, shall have the right to terminate this Agreement with cause upon written notice from the Mayor to the Judge. Cause for termination shall include,but not be limited to, incompetence, misconduct or malfeasance as determined in the sole discretion of the City Council of the City of Baytown. Contract for Professional Judicial Services, Page 1 b. Judge's right to terminate. The Judge shall have the right to terminate this Agreement and thereby resigning his/her office by giving the City thirty(30) days' prior written notice of his her desire to terminate this Agreement. 2.04 Release. The Judge expressly understands and agrees that he she has no right to continue in the office of the Associate Municipal Court Judge after January 31, 202 _, unless the City Council fails to take action for an appointment to the office which the Judge holds within the time period provided by law. Neither his/her appointment as Associate Municipal Court Judge nor any provision of this Agreement shall be construed as the Judge holding a position or office, which he she is entitled to hold for a period of two years. To this end, the Judge hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all claims, demands and causes of action of every kind and character related to, arising out of, or connected with the Judge's service for only the remainder of the two-year term of office identified in Section 2.02 hereinabove. The release provided for in this paragraph shall not expire but shall survive the expiration or termination of this Agreement. ARTICLE III Scope of Services 3.01 In General. The Judge agrees to perform judicial services, which shall include, but not be limited, to the following: a. preside over the municipal court and jail dockets, to which he she may be assigned by the Municipal Court Judge, which shall include plea or arraignment dockets, non jury dockets and jury dockets as schedule or as the need arises; b. conduct trials, arraignments, administrative hearings and juvenile hearings; C. adjudicate the guilt or innocence of persons charged with Class C misdemeanors and assess punishment; d. in absence of the Municipal Court Judge, sign and issue warrants and court orders; e. issue written and oral instructions and opinions; f. conduct magistrate warnings and make appropriate rulings regarding bonds; and g. perform all other duties required of an associate municipal court judge. The Judge shall preside over the Court if the Municipal Court Judge is absent and has been directed to serve by prior instructions of the Municipal Court Judge or upon request by the Municipal Court Judge or his/her designee. The Municipal Court Judge may divide the duties specified herein between or among other Associate Municipal Court Judges. The Judge agrees to perform the service of the position and is not limited to a preset number of hours per week to perform such services. 3.02 Docket Schedule. The City shall establish the times and days for the weekly dockets and retains full authority to change the same from time to time. The Judge shall perform the services required herein at the dockets so established as assigned by the Municipal Court Judge. Contract for Professional Judicial Services,Page 2 3.03 Efficiency of Court. The Judge shall consult with the Municipal Court Judge, City's prosecutor and municipal court clerks as to methods and procedures to improve the operations of the Municipal Court, all with the end of promoting speedy and efficient justice within the Baytown Municipal Court system. 3.04 No Supervisory Capacity. The Judge acknowledges that the clerks of the Municipal Court are supervised by the Municipal Court Judge and that the City Prosecutor is supervised by the City Attorney. The Judge does not serve in a supervisory role as to any of these or other employees of the City. However, he she shall consult with the Municipal Court Judge, who is the Judge's supervisor, concerning improvements or problems, which come to his/her knowledge during the operation of the Baytown Municipal Court. 3.05 Reports. The Judge, at such times and in such forms as the Mayor or City Manager may require, shall furnish such periodic reports as may be requested pertaining to the work or services undertaken pursuant to this Agreement. ARTICLE IV Compensation 4.01 Compensation. The City will only be obligated to compensate the Judge for those services actually performed. The following details the compensation which will be made by the City to the Judge for services to be rendered: Weekdays (Monday,Tuesday,Wednesday Thursday,and Friday) $300 per morning or afternoon presiding in court $200 per day for jail docket only(e.g.,no court docket) $200 for after-hour call-out $100 for electronic blood warrants Weekends (Friday,Saturday and Sunda $300 per weekend,to include up to 3 jail dockets and 3 call-outs $150 per each additional call-out $100 for electronic blood warrants Holidays Recognized by the City In lieu of the above-referenced compensation, $200 per call-out on City-recognized holidays 4.02 Payment Terms. It is agreed that for the remaining portion of the term of office during which the Judge is to serve pursuant to this Agreement, the Judge shall be compensated at the rates specified in Section 4.01, payable on a monthly basis. 4.03 No Further Compensation. It is agreed between the Parties that since the Judge's position is an appointed part-time professional position, he she is not an employee of the City and the foregoing constitutes all the benefits and other forms of compensation paid to the Judge for the services required herein. Contract for Professional Judicial Services,Page 3 ARTICLE V Miscellaneous 5.01 Training. The Judge must complete the minimum hours of instruction in the performance of the duties of a municipal court judge within the requisite time frame, as required by law, and shall keep abreast of state law and local ordinances, including state-mandated fees. 5.02 Limitation on Law Practice. The Judge agrees that he she shall not engage in the practice of law in an adversarial capacity before the City Council of the City of Baytown, before any of its courts, agencies, boards or commissions, and shall not represent a client in a matter against the City and or its officers and employees, when such employees or officers are acting in their official capacities, in any other court or administrative proceeding during the term of this Agreement. Specifically, by way of example, but not of limitation, the Judge: a. will not represent, or practice law with a lawyer who represents, a defendant in a county court or district court case in which a magistrate who is another judge of the Municipal Court of Record in the City of Baytown,Texas,took some action,and or b. will not represent a criminal defendant in a matter in which a police, fire, or code enforcement officer of the City may be a potential witness. The Judge further understands and agrees that he she will not engage in the practice of law contrary to the Cannons of the Code of Judicial Conduct or the Rules of Professional Conduct. 5.03 Amendments. This Agreement may not be altered, changed or amended except by instrument in writing executed by the Parties hereto. The City may, from time to time, request changes in the scope of work and time of performance for the services of the Judge to be performed hereunder; however, to be effective, such changes, including any increase or decrease in the amount of the Judge's compensation, which are mutually agreed upon by and between the City and the Judge, shall be incorporated in written amendments to this Agreement. 5.04 Entire Agreement. This Agreement constitutes the entire agreement between the City and the Judge. No agreements, amendments, modifications, implied or otherwise, shall be binding on any of the parties unless set forth in writing and signed by both parties. 5.05 Severability. If one or more of the provisions of this Agreement or the application of any provision to any party or circumstance is held invalid, unenforceable or illegal in any respect, the remainder of this Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect. 5.06 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be mailed by certified or registered mail addressed as set forth below or at such other address as may be specified by written notice: Contract for Professional Judicial Services,Page 4 JUDGE CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: 281-420-6586 5.07 Non-waiver. The failure on the part of any party herein at any time to require the performance by the other party of any portion of this Agreement shall not be deemed a waiver of or in any way affect that party's rights to enforce such provision or another provision in the future. Any waiver by any party herein of any provision hereof shall not be taken or held to be a waiver of any other provision hereof or any other breach hereof. 5.08 Sovereign Immunity. By this Agreement, the City does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. Furthermore, nothing contained herein shall be construed so as to limit or waive the City's sovereign immunity. 5.09 No Assignment. The Judge shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. 5.10 Construction of Agreement. Each provision and clause required by law to be inserted into the Agreement shall be deemed to be included herein and this Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 5.11 Choice of Law and Venue. This Agreement is performed in Harris County, Texas, and is subject to all applicable Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules, orders and regulations of any local, state or federal government authority having or asserting jurisdiction. 5.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 5.13 Headings. The section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Contract for Professional Judicial Services,Page 5 5.14 Gender and Number. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless context requires otherwise. 5.15 No Third-Party Beneficiaries. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Judge and the City only. 5.16 Ambiguity. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same agreement, this day of , 202 . CITYOF BAYTOWN CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney Contract for Professional Judicial Services, Page 6 JUDGE STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned notary public, on this day personally appeared , known to me; proved to me on the oath of ; or proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 202_. Notary Public in and for the State of Texas My commission expires: R:Ordinances and Resolutions,.Resolution Drafts+City Council\2025-02-13�Associate Judge Contract 2025.docx Contract for Professional Judicial Services,Page 7