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Item 8E .1110 City of Southlake, Texas • 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. 8 - E 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 I 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 L I 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. L 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 L