0805CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 805
AN ORDINANCE APPOINTING A MUNICIPAL JUDGE AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
MUNICIPAL JUDGE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That Carol W. Montgomery is hereby appointed municipal judge of the City
of Southlake, Texas, for a term of two years, which will expire July 17, 2003, 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 7TM DAY OF AUGUST 2001 IN FIRST
READING.
ATTEST:
Sandra L. LeGrand
City Secretary
PASSED AND APPROVED THIS THE 21sT DAY OF AUGUST 2001 IN SECOND
READING.
Mayo{ Rick Stacy~
ATTEST:
S~andra L. LeGrand
City Secretary
Ordinance No. 805
Page two
APPROVED AS TO FORM AND LEGALITY:
City
Attorney
EFFECTIVE D E:L~C'L~,~/-~/! f~C /
CITY OF SOUTHLAKE
Professional Services Agreement
Municipal Judge
~This Agreement, made and entered into this /7 day of
,2001, by and between the City of Southlake, Texas, a Municipal
~2o~orati~n of the State of Texas, hereinafter referred to as "City," and Carol W.
Montgomery, hereinafter referred to as "Municipal Judge."
WITNESSETH:
City does hereby agree to enter into an Agreement with Carol W. Montgomery for
Municipal Judge services for a period of two (2) years, beginning on July 17,
2001, and continuing through midnight July 17, 2003, at a salary of $3,250 per
month to be disbursed biweekly.
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
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.
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 Exhibit A.
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~
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.
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.
ll.
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.
In Witness Whereof, City has caused this Agreement to be signed in its name by
Rick Stacy, 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
~:arol W. ~o~tgomery
City of Southlake, Mayor
ATTEST:
~.. ...:..,~\
Sandra L. LeOrand ¥ ~ -"' ~ ~,~ ~
City Secretary *'**~i)". o ........
Approved as to legal fo~:
City Attomey'~Office
Date: ~ g/~!
Municipal Court Judge
Duties
Essential Functions:
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.
Hold and preside over hearing and make rulings on misdemeanors in non-jury
trials.
Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court
procedures; administer the judicial system; settle disputes between opposing
attorneys.
Establish rules of the procedures for questioning witnesses and defendants for
which standard procedures have not been established.
Listen to presentation of cases and rule on the admissibility of evidence and
methods of conducting testimony.
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.
Instruct jury on applicable laws and procedures; direct jury to deduce facts only
from evidence presented and sentence or fine offenders if convicted.
Review and keep current on all new laws, major court decisions and other
pertinent information relevant to the revision of Court procedures and operations.
Exhibit A
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 204372991
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 8/24/01
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/01
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 20437299
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 8/24/01
t AAyye� .. .....:. .............
CITY OF SOUTHLAKE TEXAS CITY 0 13580 1 38 38 LINE $6.08 $231.04
Sales Discount CITY OF
SOUTCITKEOTEXAS ($200.26)
SOUTHLAKE, TEXAS
ORDINANCE NO.
805
AN ORDINANCE AP-
POINTING A MU-
ANDPAUTHORI,ZIING DGE Net Amount: $30•78
THE MAYOR TO
EXECUTE AN
AGREEMENT WITH
THE MUNICIPAL
JUDGE; AND PRO-
VIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
SOUTHLAKE, TEX-
AS, THAT;
PASSED AND AP-
PROVED BY THE
CITY COUNCIL OF
THE CITY OF
SOUTHLAKE TEX-
AS, ON THIS THE
GUSTD20Y 01. AU-
MAYOR RICK STACY
ATTEST: SANDRA L.
THE STATE OF TEX SECRETAAY CITY
APPROVED AS TO
County of Tarrant FORM: E. ALLEN
TAYLOR JR., CITY
ATTORNEY
Before me,a Notary Public in and for said County and State, this y personally appeared Christy Holland,By and Legal Coordinator
for the Star-Telegram, published by the Star-Telegram, Inc. at F t ort , in Tarrant County,Texas; and wh , after being duly sworn,did
depose and say that the attached clipping of an advertisement pu shed in the above na ed per he li to dates:
Signed
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,August 24, 2001
•
Notary Public
.."
VICKI L.WASON
OSSI AUGUST 28,2004
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: 204372991
Invoice Amount: $30.78
PO Number:
Amount Enclosed: .
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 203839491
FORT WORTH,TX 76102 Invoice Date: 8/10/01
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/01
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 20383949
1400 MAIN ST
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 8/10/01
Attn
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v
NOTICE OF PUBLIC HEARING Notic 13580 1 38 38 LINE $6.08 $231.04
Sales Discount NOTE pp�� PUBLIC- ($200.26)
HEA111NG
Notice is
he rCu ngcivilen
tbyetCtCoySouthlaof,
Texas, that a public
hearing will be held $30.78
on August 21, Zoo16, Net Amount:at 7:0 p.m., Burin
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 second reading of
the following ordi-
nance:
CITY OF SOUTH-
LAKE, TEXAS
ORDINANCE NO.
805
AN ORDINANCE AP-
POINTING A MU-
NICIPAL JUDGE
AND AUTHORIZING
THE MAYOR TO
EXECUTE AGREE-
THE STATE OFT MUNICIPAL JUDGE County of Tarran PEOVIDIIN ATE EF-
.
F
CTIVE
City of Southlake
Before me, a Not City sec eti rand f County and State,this d personally appeared Christy Holland, Bid and Legal Coordinator
for the Star-Telec tar-Telegram, Inc. at For rt in Tarrant County,Texas;an who, after being duly sworn,did
depose and say that the attached clipping of an advertisement as ub shed in the above na d p9p r on the
listed
dates:
Signed 911 /11Ze/k
aI,
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,AugAu g t1
Y
Notar Public y `�C �C/�✓/v�
VICKI L.WASON
' MY COMMISSION EXPIRES
:., AUGUST 28,2004
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: 203839491
Invoice Amount: $30.78
PO Number:
Amount Enclosed: