Item 8E .1110
City of Southlake, Texas
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MEMORANDUM
May 21, 2002
TO: Honorable Mayor and Members of City Council
FROM: Billy Campbell, City Manager
SUBJECT: Ordinance No. 805-A, Amending Ordinance 805, the Professional Services
Agreement between the City of Southlake and Carol Montgomery
Action Requested: Approval of Ordinance No. 805—A, amending the Professional Services
Agreement with Carol Montgomery, Municipal Judge, to enable her to participate
in the Texas Municipal Retirement System (TMRS).
Background
Information: The City of Southlake entered into a Professional Services Agreement with Carol
Montgomery on July 17, 2001. This original agreement was approved via a City
Council Ordinance (805) on August 21, 2001 and did not include a provision for
the Municipal Judge to participate in TMRS. The attached amendment (Exhibit A)
includes a provision that will now permit the Municipal Judge to participate in
TMRS.
According to TMRS, employees and those persons designated by the City who
work a minimum of 1,000 hours per year are eligible to participate in TMRS.
Currently, all regular full time City employees participate in TMRS at a rate of 7
percent of their gross monthly salary. Employees vest with five (5) years of service
credit, are eligible to retire at age 60 with five (5) years of service credit, or can
retire at any age after 25 years of service credit.
Financial
Considerations: The cost associated with this action will require the City to match Carol
Montgomery's monthly deposits on a"two-to-one" basis, or at the same rate as all
other employees. The City will pay this amount for a period of one year (July 31,
2002—July 31, 2003), or until the end of the Carol Montgomery's current contract.
➢ Approximate Cost: $4,300.00
Citizen Input/
Board Review: Not applicable.
Legal Review: The amendment has been reviewed and approved by the attorneys.
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40
' • Ordinance No. 805-A, Amendment to Professional Services Agreement between the City of Southlake and Carol
Montgomery
May 21, 2002
( :age2
Alternatives: No Alternatives.
Supporting
Documents: Attached amendment for signature.
Staff
Recommendation: Approval of amendment as submitted.
9-A
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CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO. 805 A
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AMMENDMENT TO THE AGREEMENT WITH THE MUNICIPAL JUDGE
TO PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That Carol W. Montgomery, municipal judge of the City of Southlake,
Texas, may participate in the Texas Municipal Retirement System, 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 DAY OF MAY 2002 IN FIRST
READING.
Mayor Rick Stacy
ATTEST:
Kim Bush
Acting City Secretary
PASSED AND APPROVED THIS THE 21ST DAY OF MAY 2002 IN SECOND
READING.
Mayor Rick Stacy
ATTEST:
Kim Bush
Acting City Secretary
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Ordinance No. 805 -A
Page two
APPROVED AS TO FORM AND LEGALITY:
City Attorney
EFFECTIVE DATE:
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTHLAKE AND CAROL MONTGOMERY
THIS AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SOUTHLAKE AND CAROL MONTGOMERY is made and
entered as of this day of , 2002, by and between City of Southlake
("City"), a Texas home rule municipality, and Carol W. Montgomery ("Municipal
Judge").
WITNESSETH
WHEREAS, on August 21, 2001, the City approved an agreement with
Municipal Judge dated July 17, 2001; and
WHEREAS, the parties wish to amend the agreement to provide that City shall
pay the TMRS benefits to the Municipal Judge at a rate of
NOW THEREFORE,the parties agree as follows:
1. AMENDMENT. For good and sufficient consideration passing from each of the
parties hereto to the others, the receipt thereof being hereby acknowledged by
each party, and inconsideration of the mutual promises contained in the
Agreement and in this Assignment to be performed by the parties hereto, and each
party intending to be legally bound hereby, it is agreed that the Agreement is
amended as follows:
B. By the addendum of a new Section 12, which shall read as folllows:
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."
2. OTHER PROVISIONS. It is understood and agreed between all parties that
all other terms, conditions, provisions, and covenants contained in the Agreement,
not inconsistent herewith, remain in full force and effect and are hereby ratified
and reaffirmed.
3. COUNTERPARTS. This Assignment may be executed in any number of
counterparts, each of which will be deemed to be an original and all such
counterparts taken together will be deemed to constitute one and the same
instrument.
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EXHIBIT A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date herein first described above.
CITY OF SOUTHLAKE
By:
MAYOR
CAROL MONTGOMERY
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