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Item 6H Item 6H CITY OF SOUTHLAKI MEMORANDUM May 31 , 2016 TO: Shana K. Yelverton, City Manager FROM: Stacey Black, Director of Human Resources SUBJECT: Ordinance No. 1156, 2nd Reading, Appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. Action Requested: City Council approval of Ordinance No. 1156, 2nd Reading, Appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. Background Information: Chapter 5 of the Southlake City Charter states that "The City Council shall by ordinance appoint one or more judges of the Municipal Court." The Charter also stipulates the qualifications and conditions of the position, which include: • the individual must be a licensed attorney in good standing; • the individual must be licensed to practice in the State of Texas; • the individual must have two or more years of experience in practicing law in Texas; and • that the judge shall serve a two-year term. The Judge is primarily responsible for presiding over all municipal court proceedings and performing magistrate duties. The current Judge of the Municipal Court is Carol Montgomery. Judge Montgomery has served as the City's Municipal Court Judge since July 17, 2001 and has been reappointed by the City Council seven times over the last fifteen years, most recently on July 7, 2014 with Ordinance No. 1094. Her current term expires on July 6, 2016, thus creating a need for City Council to appoint a Judge of the Municipal Court. Judge Montgomery is seeking re-appointment and she currently satisfies all of the qualifications and conditions of the Charter. Shana K. Yelverton, City Manager ITEM 6H May 31, 2016 Page 2 Ordinance No. 1156, included in your packet, authorizes the appointment of Carol Montgomery as Municipal Court Judge for the City of Southlake through July 6, 2018. It also authorizes the Mayor, with City Council approval, to execute an agreement to establish the compensation, benefits and essential functions of the Municipal Court Judge. This allows the agreement to be taken to City Council for approval as a separate agenda item and allows City Council to adopt any changes to the agreement during the two year term without requiring a new ordinance. The Ordinance passed unanimously on the first reading at the May 17, 2016 City Council Meeting. The agreement to establish compensation, benefits and essential functions is item 61 on this City Council agenda. Financial Considerations: Annual compensation for the Judge is currently $64,775 (gross bi- weekly salary of $2,491 .35). The proposed annual salary is $68,337.62 (gross bi-weekly salary of $2,628.37), which includes a 4% merit and 1 .5% cost of living pay adjustment. Strategic Link: Performance Management and Service Delivery: Collaborate with select business partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: The ordinance was reviewed by the City Attorney's Office. Alternatives: Judge Montgomery is seeking reappointment. Council may reappoint Judge Montgomery or seek other applicants as desired. Supporting Documents: Ordinance No. 1156 Executed Ordinance No. 1094 Staff Recommendation: City Council appointment of Carol Montgomery as the Judge of the Municipal Court of Record and authorize the Mayor to execute an agreement with the Municipal Judge. ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has adopted regulations governing its municipal court of record in Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas, as amended; and WHEREAS, Chapter 30 of the Texas Government Code relating to municipal courts of record provides that the judge of the municipal court of record shall be appointed by the City Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. In accordance with the Code of Ordinances of the City of Southlake, Texas, as amended, Carol Montgomery is hereby appointed as the judge of the municipal court of record in the City of Southlake, Texas, for a term of two years, which will expire July 6, 2018. SECTION 2. This appointment of the judge shall be for a term of office of two years from the date of appointment. Page 1 SECTION 3. The Mayor is hereby authorized to execute the Agreement with the Municipal Judge approved by the City Council to establish the compensation, benefits and essential functions of the Municipal Court Judge. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Page 2 PASSED AND APPROVED ON FIRST READING THIS DAY OF 2016. LAURA HILL MAYOR ATTEST: LORI PAYNE CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 2016. LAURA HILL MAYOR ATTEST: LORI PAYNE CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 3 ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has adopted regulations governing its municipal court of record in Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas, as amended; and WHEREAS, Chapter 30 of the Texas Government Code relating to municipal courts of record provides that the judge of the municipal court of record shall be appointed by the City Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. In accordance with the Code of Ordinances of the City of Southlake, Texas, as amended, Carol Montgomery is hereby appointed as the judge of the municipal court of record in the City of Southlake, Texas, for a term of two years, which will expire July 7, 2016. SECTION 2. This appointment of the judge shall be for a term of office of two years from the date of appointment. Page 1 SECTION 3. The Mayor is hereby authorized to execute the Agreement with the Municipal Judge approved by the City Council to establish the compensation, benefits and essential functions of the Municipal Court Judge. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Page 2 PASSED AND APPROVED ON FIRST READING THIS d-0'DAY OF 2014. JOHN TERRELL MAYOR ATTEST: ALICIA RICHARDSON CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS ��DAY OF 2014. JOHN TERRELL MAYOR ATTEST: °OVTHt,q,�''•.,, • ALICIA RICHARDSON CITY SECRETARY •• '"•" •'���- APPROVED AS TO FORM AND LEGALITY: CITY ATT NE Page 3