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0909 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 909 OFFICIAL RECORD 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 ~fo I f>1o.-k~Wle(y~;: is hereby appointed municipal judge of the City of Southlake, Texas, for a term oft years, hlch wIll expIre Julv 17. 2009. III 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 \~ OF JUNE 2007 ON FIRST READING. v4uA' ~ Lori Payne ~ City Secretary --/: ~~ ~ ( ) AndyWam ganss ,.'fI''''''h.t, ",,"'ou ni(.~/I"" Mayor ...' ~i ~ ...0.o....~.1kA " ....... ~. "'-~, ~'" ~ ... ~ 0.... ..'j.\. \ :::...: * ~,...).~ ::,...... ,.t'1'I: - . .~- - - . -~ - .- :0: ,'~ ::: -; -Iii ':C/)~ ..... ..... IF -'5 .- ~ -:, OQ _ ~. ~ '.- ........,. ..... "1" *" * 'It' "", 111/1,.,., """' ATTEST: PASSED AND APPROVED THIS THE \1 OF JULY 2007 ON SECOND READING. -4 -~~ ...... Andy Wambsganss Mayor \'i~~UHi"I'.f'~ ,,""o'U THI ~j"" ,"- ~--;, ...' /~ c:o: ......... !f'A '" $ o~ ..- *.fj."::- ~ ..... . """",,, :::...1 * ~t'1'I:. -""'0 . ~><- : - :. : ~ = -o~. :CIJ~ ; -.. .... l ~ e. .. ~ ....... - ......... ..."" ..., " 'f", *"* _j\{ """ II',......"" ATTEST: APPROVED AS TO FORM AND LEGALITY: 0trLJ L City Attorney ;/ DATE SIGNED: ' Ju1i (1) 2007 July (/) 2-001 ()tA lfJD) 200, DATE APPROVED: EFFECTIVE DATE: EXHIBIT 'A' CITY OF SOUTHLAKE Professional Services Agreement Municipal Judge This Agreement, made and entered into this II day of July 2007, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and ~((YW~OIVfPrl/hereinafter referred to as "Municipal Judge." WITNESSETH: 1. City does hereby agree to enter into an Agreement with~ Municipal Judge services for a period of two (2) years, beginning on July 17, 2007, and continuing through midnight on Julv 17,2009, at a salary of$ 3~oo per month. 2. City does hereby agree to provide a Blackberry 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. 3. 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. 5. The Municipal Judge shall perform all functions and duties required under the City Charter, city ordinances, and as delineated and described in Attachment A, and shall perform such other legally permissible and proper duties and functions as said position shall require. 6. The City Manager shall administer this contract on behalf of the City Council. The Municipal Judge shall keep the City Manager informed of issues related to the Court, and shall execute her performance in cooperation with the City Manager and the City Manager's staff, to the extent, such cooperation does not impair the necessity of judicial independence and avoids the appearance of impropriety. 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 ofa 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 City of Southlake, Mayor /~~ 'AndyWambsganss (I} /, -C- o ATTEST: k'A Lori Payne ~ City Secretary ",,'Ii fll;;"" " " H~i'", ........'~~ c:> ......... Jt'~'", .... ~. . ,.. ., ~ 0 ..- ..... """~-;, ::"::""''1;; ft ~\1\-: € ~: ~t\'~..i> ': '?< : :;;: ,.-... :;>= ~'-'~ :(J)= '; Q1~ .-: ~.. .* ~ '.,.., .........oj. ,~ #', " '"" **.,x ,\\\\ """"11"\' 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 statutes in a professional and impartial manner. 2. The Municipal Judge shall effectively interact with staff and other judges to execute assigned duties in a manner consistent with the expectations established by the City Council, adhering to the highest ethical standards required of judges. The Judge shall also comply with the City's Code of Ethics and the Business Code of Conduct. 3. Preside over all municipal court proceedings. The Municipal Judge shall preside in a professional and impartial manner and treat parties, attorneys, witnesses, and the public with appropriate judicial decorum. Rulings shall be issued in a timely manner consistent with the Penal Code and the Code of Criminal Procedures. 4. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. The Municipal Judge shall maintain decorum and order in the courtroom and shall ensure that all court hearings and business shall be conducted efficiently and promptly as the court schedule dictates. 5. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 6. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 7. Promptly process and 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 or process all duties as a Tarrant County Magistrate in a timely manner. 8. In performing magistrate duties, the Judge shall coordinate with police personnel to conduct arraignments in such a manner to maximize efficient operation of the police. 9. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted or see page 30 of TMCEC Municipal Judges Book under Duties and Responsibilities. 10. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. 11. Demonstrate effort to improve operations, be specific, streamline work processes, and work cooperatively and jointly to enable the court personnel to provide quality customer servIce. 12. Represent the Southlake Municipal Court through attendance at community court-related functions. To avoid the appearance of impropriety the Southlake Municipal Court Judge may not participate in local or State elections. INVOICE -Draft Only Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 RECDVLED J U L 1 0 2007 Bill To: OFFICE OF CITY SECRETARY CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn BELINDA CITY OF CITY OF SOUTHLAKE e is he Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on July 17, 2007, at 5'00 p.m. or immediately fol- lowing the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall,'. 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec- ond reading of the CITY OF CE, TEX- INTING A L JUDGE HORIZING YOR TO NT WITH IUNICIPAL ND PRO- N EFFEC- THE STI Ci4y 'Seci County of Tarrant I3580 1 Customer ID: CIT57 Invoice Number: 285849311 Invoice Date: 6/29/07 Terms: Net due in 21 days Due Date: 6/30/07 PO Number: no Po Order Number: 28584931 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/29/07 Rate;triount 41 41 LINE $0.81 $33.21 Net Amount: $33.21 JUL--;,f CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2008 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid 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 & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 e� N p 9 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, July Notary Publi 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: 285849311 Invoice Amount: $33.21 PO Number: no po Amount Enclosed: INVOICE 11: , Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 286689171 FORT WORTH,TX 76102 RECEIVED (817)390-7761 Invoice Date: 7/21/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days AUG - 2 2007 Due Date: 7/31/07 Bill To: PO Number: PD W/MC CITY OF SOUTHLAKE 1400 MAIN ST OFFICE OF CITY SECRETARYOrder Number: 28668917 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: STEVE MOORS Publication Date: 7/21/07 Description Location Col Depth Linage MU Rate Amount CITY OF CITY OF SOUTHLAKE ORl ORDNANCE 3580 1 28 28 LINE $0.8 I $22.68 NO. 909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX- AS, APPOINTING A MUNICIPAL JUDGE Net Amount: $22.68 AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PRO- VIDING AN EFFEC- TIVE DATE. PASSED AND AP- PROVED THIS THE 17th DAY OF JULY 2007, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary Ar 4av' )i:+, CHRISTY L.HOLLAND °e: MY COMMISSION EXPIRES ` `;$ 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 Deborah Baylor, Bid 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&LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Signed ,1 , SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,Jul 24, 1-(7 Notary Public (//611(Z4S 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: 286689171 Invoice Amount: $22.68 PO Number: PD W/MC Amount Enclosed: $