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0887OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. Section 1. That Carol MontRomer is hereby appointed municipal judge of the City of Southlake, Texas, for a term of two years, which will expire July 17, 2007, in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A PASSED AND APPROVED THIS THE 21st OF JUNE 2005 ON FIRST READING. t•4°{� „�,, dy Wam ganss •�` SOU THCgryor ATTEST: ®•'•••�••''• ZLA- 0 V. e � °•• •� �� Lori A. Farwell ®°'°•••• City Secretary PASSED AND APPROVED THIS THE 19t" OF JULY 2005 ON SECOND READING. ATTEST: Lori A. Farwell City Secretary ,am�Y,� Amdx Wambsganss °` sou �o • Ordinance No. 887 Page two APPROVED AS FORM AND LEGALITY: City Attorney DATE SIGNED: X�/6 / r DATE APPROVED: 7, I q—OS EFFECTIVE DATE: 1- y2 05;- EXHIBIT `A' CITY OF SOUTHLAKE Professional Services Agreement Municipal Judge This Agreement, made and entered into this 19`h day of July 2005, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and Carol Montgomery hereinafter referred to as "Municipal Judge." WITNESSETH: City does hereby agree to enter into an Agreement with Carol Montgomery for Municipal Judge services for a period of two (2) years, beginning on July 17, 2005, and continuing through midnight on July 17, 2007, at a salary of $3,381.30 per month. 2. City does hereby agree to provide a mobile phone and pager for the Municipal Judge for unlimited use in the performance of her duties as Municipal Judge. In addition, the City will provide judge's robe and gavel. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Lexis/Nexus - Online Case Tracking Texas State Bar Association Northeast Tarrant County Bar Association 4. City does hereby agree to budget and to pay for the travel and subsistence expenses of Municipal Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. City does hereby agree to review the Municipal Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 6. The Municipal Judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. The Municipal Judge further agrees to perform the duties of Municipal Court Judge as outlined in more detail in Attachment A. 7. During this Agreement, the municipal judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 8. The Municipal Judge shall not take on representation of a client adverse to the City. The Municipal Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 9. The Municipal Judge warrants she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Southlake. 10. The city may remove the Municipal Judge from office during her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 11. A request by the Municipal Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Municipal Judge in the performance of this Agreement. 12. City shall pay retirement benefits for Municipal Judge as follows: The Municipal Judge will deposit seven percent (7%) of her monthly salary into Texas Municipal Retirement System and the City shall match those deposits on a two -to -one basis. In Witness Whereof, City has caused this Agreement to be signed in its name by Andy Wambsganss, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Municipal Judge has hereunto set her hand and seal the date first above written. Municipal Judge ATTEST: a.4� on A. Farwell City Secretary City of Southlake, Mayor ---- 1,��,i1i 6111P1PI,, -� U TH SO ..... E� �'•., ••.;'1�'•,,� Andy Wambsganss ate.; Attachment A Duties of the Municipal Court Judge Essential Functions: 1. Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. INVOICE i.;ra t Only Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST Customer ID: CIT57 Invoice Number: 257502891 Invoice Date: 7/2/05 Terms: Net due in 21 days Due Date: 7/31/05 PO Number: 40179 Order Number: 25750289 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLEPublication Date: 7/2/05 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I )�80 THE STATE OF TEXAS County of Tarrant 41 41 LINE Net Amount: ;";tip" rj,,4,, CHRISTY L. HOLLAND +; * MY COMMISSION EXPIRES July 31, 2008 50.81 $33.21 $33.21 Before me, a Notary Publi coy rarw•11 and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star -Telegram, published by the Star- I elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the bove amed paper on the listed aces: BIDS at LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, I Iy 0 2 5. Notary Public Thank You For Your Payment ____ ------------------------------------------ Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 257502891 Invoice Amount: $33.21 PO Number: 40179 Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 258232011 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 7/22/05 Federal Tax ID 22-3148254 AUG - 2��5 Terms: Net due in 21 days Due Date: 7/31/05 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY uer:Ordeerr Number: 1400 MAIN ST Ormber: 2540196823201 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 7/22/05 p' , a4 Aa ' a 0 a ,* e�1 q K,Vin..xi„n A R i o l CITY OF SOUTHLAKE ORDINANCE NO 13580 1 28 28 LINE $0.81 $22.68 CITY OF ORDINAg8SOUTHL'AK Rio. Net Amount: $22.68 AN ORDINANN CE OF THE CITY COUNCIL OF THE CITY OF S UPI ' AAAPONI-ING MUNICIPAL JUDGE UHORZIG THE MAYOR TO EXECUTE AN. AGREEMENT WITH MNI IPA JUDGE; AND PRO- VIDING AN EFFEC- TIVE DATE. PASSED AND AP- PROVED THIS THE 19th DAY OF JULY 2005 DURING THE • REGULAR CITY COUNCIL MEET NG. MA OR: y Mar= wel :#t�'�Y r�9 t; CHRISTY L.HOL LAND Farwell, rr , City Secretary _ MY COMMISSION EXPIRES ,Rt July 31,2008 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Lisa Wesselman, Bld and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Signed tX SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday,July 2 2 5 • Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 258232011 Invoice Amount: $22.68 PO Number: 40196 Amount Enclosed: $