Ord. 0585 01-08-90ORDINANCE N0. 585
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A
FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED
HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND
BETWEEN C. MARK PORTER AND THE CITY OF PEARLAND, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION- 1. That the facsimile of contract, annexed hereto,
incorporated herein for all purposes, designated Exhibit "A", by and
between C. MARK PORTER, Attorney at Law and the City of Pearland,
Texas, for the purpose of serving as Municipal Court Prosecutor for
the CITY OF PEARLAND, TEXAS is hereby authorized and approved.
SECTION 2. The City Council finds that such contract is
reasonable and necessary and that there are sufficient city funds for
the availability of payment.
SECTION 3. The Mayor and City Secretary of the City of
Pearland, Texas, are hereby authorized and directed to execute for and
on behalf of the City the annexed contract documents, and counterparts
thereof.
PASSED AND APPROVED on first reading this AO day of
ALu
ATTEST:
-Ga7,c�e,
, A. D . , 19 9 7 .
City Secfetary
Mayor
1
PASSED AND APPROVED on second and final reading this
day of �r�n c� , A. D., 19-/O .
ATTEST:
City S retary
APPROVED AS TO FORM:
City Attorney
Mayor
2
EXHIBIT "A"
MUNICIPAL PROSECUTOR AGREEMENT
This Agreement dated this Si day of , 199Q.,
by and between the City of Pearland, Texas, here�r referred
to as "City" and C. Mark Porter, Attorney at Law, hereinafter
referred to as "Prosecutor",
WITNESSETH:
1. Prosecutor agrees to serve to the best of his professional
ability as Municipal Prosecutor for City as per the attached
job description;
2. City agrees that it will pay Prosecutor for professional
services rendered the sum of twelve thousand seven hundred
ninety-nine and 92/100 Dollars ($12,799.92) per annum in
twelve (12) monthly checks of $1066.66;
3. Prosecutor understands and agrees that he will be
responsible in case of his absence to substitute another
licensed, capable attorney to prosecute in his place, or, in
the alternative, to contact the appropriate Municipal
Judge(s) and Municipal Court Clerk and obtain continuances
acceptable to them for any affected cases. Added expenses,
if any, for additional prosecutor(s) shall be borne solely
by Prosecutor;
4. This Agreement will expire on January 11, 1991, unless City
and Prosecutor execute a supplemental written agreement to
the contrary.
ATTEST:
CITY SECRETARY
1 1
/L
MAYOR, CITY OF PEARLAND
(}.mei !&A
C. MARK PORTER, PROSECUTOR
1
JOB DESCRIPTION FOR PEARLAND MUNICIPAL COURT PROSECUTOR
* Prosecute scheduled jury and non -jury trial dockets.
* Prosecute any cases appealed to the County Courts of
Brazoria County and requested by the District Attorney of
Brazoria County.
* Review all trial cases with the police officers and any
witnesses prior to each trial.
Review "Not Guilty Plea" files weekly with the clerk to
verify:
a. That proper complaint form was used;
b. Names and numbers of witnesses to be subpoenaed for
trial;
c. That all cases on that docket are ready to try.
Review and update complaint forms for court computer.
Review and update jury charge forms for court computer.
* Be available for periodic meeting with the judge, clerk and
Police Department representatives.
* Review any changes in the law with the clerk and judge.
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