1259 OrdinanceORDINANCE NO. 1259
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,
2024.
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hereby repealed.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.
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PASSED AND APPROVED ON FIRST READING THIS DAY OF
JUJI&I. , 2022.
ItL's(* )--\11V- --------.
JOHN HUMAN
MAYOR tiiiisill
ATTEST:
TH q ,,
m i D
AMY E ltY
CITY SECRETARY '•.
ii'**1. ,,`‘,,
PASSED AND APPROVED ON SECOND READING THIS DAY OF
JUJU,., 2022.
C:/'A.,Aik
JOHN H IVAN
MAYOR
ootilietsio
ATTEST: c0pVT H -Cq, •,•
41k m_
c 7.
AMY SHE E V 1.
CITY SECRE
APPROVED AS TO FORM AND LEGALITY:
Cf' Ciek , I,
CITY ATTORNEY
Page 3
CITY OF
CITY OF SOUTHLAKE
TEXAS
Agreement
Municipal Judge
THIS AGREEMENT, made and entered into this 7th day of July, 2022, by and between the City
of Southlake, Texas. a Municipal Corporation, chartered under the constitution of the State of
Texas as a home rule city, hereinafter referred to as'City"", and o hereinafter
referred to as"Municipal l,Judge, both of which parties hereto understand and agree as follows:
i7
t. City does hereby agree to enter into are Agreement with ardl fonts erir for Municipal
Judge services for a period of two 2 years, beginning on Jul g , and continuing
through midnight on 4ykj 2024,at a gross bi-weekly salary of laLK66.
. Municipal Judge shall be paid an annual cell phone allowance oft1J0_000 to be paid in
0.00 increments, twice per month, The Municipal Judge shall acquire and maintain a
cell phone during the term of this agreement, which shall be available for the Municipal
judges exclus7vve and unrestricted use in the performance of her duns her under:
Municipal Judge shall be responsible for all expanses required for the purchase,
operation, maintenance, repair, and regular replacement of said cell phone. In addition,;
Southlalce will provide judge's robe and gavel.
. City does hereby agree to budget and to pay for professional memberships
subscriptions, and dues to slate and local legal associations and organizations
necessary and desirable for his/her continued professional participation, growth and
advancement, and for the good of the City. Such memberships to include the follo wing-
exis Nexn s Online Case Wracking
Texas State Bar Association
Northeast 'arrant County Bar Pssociation
a City does hereby*agree to budget and to pay for the travel and subsistence expenses of
Municipal Judge for training, abort courses, institutes, and seminar that are necessary
for professional development,and for the good of the City.
u. 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.
The City Manager shall administer this contract on behalf of the City Council. The
Munidpal Mudge shall keep the City Manager informed of issues related to the Court,
and shall execute his/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.
y. Curing 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 Cede, Charter, Statutes and taws, the terms of said Code, Charter,
Statutes,and laws shall govern.
B. The Municipal Judge shall not take on representation of a client adverse to this City, The
Municipal Judge shall not represent a client in a case where an employee of the City, in
h!sJher capacity as an employee of the City, is a witness or may be summoned to appear
as a witness.
9. The Municipal Judge warrants he/she meets the minimum qualifications listed in Chapter
of the City of Southlake Charter and Article ll of Chapter 8 of the Code of Ordinances
of the City of Southlake.
10, The City may remove the Municipal Judge from office during his/her term pursuant to
and in accordance with the requirements of Sedlion 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 a 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 % of his/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 John Terrell,
Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the
Municipal Judge has hereunto set histher Mandl and seal the date first above written,
Municipal Judge City of SouthlakeMayor
Carol Montgomeq4, hn a
LA
y
el µ
City Secreta
1 ,�
ATTACHMENT'W'
`. CITY OF SOUTHLAKE,TEXAS
Duties a Municipal Judge
Essential unctions:
1. Performvarious judicial work in the Municipal Court in accordance with theprovie!orrsOf
the City Charter, City ordinances and applicable State;and eral statutes in a
professional and impatbai manner.
2. The Municipal l Judge shall effectively,interact with staff and other judges to exegete
assign duties in a manner consistent with the e ectat teblis ed b the pity
Council, adhering to the highest'ethical standards required of lodges. The Judge shall
also comply with the Citys Code of Ethics and the Business mode of Conduct.
Preside over all municipal court proceedings. The Municipal Judge shall preakle in a
professional and impartial manner and at parties,attorneys, witnesses, and the p�rbiic
with appropriate judicial decorum. Rulings shall be issuedlip timely m nner suer
wi
th the Penal Code and the e of Criminal Pry a s.
Arbitratedisputes and advise Counsel, lu , litigants, or Court on l d
procedures, administer the judicial system, settle disputes between opposing attorneys,.
The Municipal Bridge shall maintain decorum and order in the courtroom and shall
ensure that all court hearings and business shall be conducted e' cientl and promptly
as the court schedule dictates.
. Establish rules of the procedures for questioning witness and defendants for which
standard procedures have not been establish
. Listen to presentation of cases and rule on the admiiissibil of evidence and methods of
conducting testimony.
7. Promptly process and issue search and arrestwarrants-, set and forfeit ball for Class
misdemeanors falling render Municipal Court jurisdiction, set ball for felonies and
misdemeanors as part of magisterial duties or process all dirties as a Tarrant<County
Magistrate in a timely manner.
in performing magistrate duties, the Judge shall coordinate with Police man l to
conduct arraignments in such a manner to maximize efficient operation of the police,
g. 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
TUCEC Municipal Judges Book under t"ktties 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 efforts to improve operations, be specific, strearnllne orK processes, and
work cooperatively and jointly to enable the court personnel to provide quality customer
service.
1 . Represent the Southtako Municipal Court through attendance at community court-related
function& To avoid the appearance of impropriety the Soutblake municipal Court dodge
may not participate in local or Mate elections
STATE E TEXAS
Oath of Office
'I, Carol Montoometry do solemnly swear ( r that l will faithfully execute the
duties of the office of Municipal Court Presiding yid f the State of Texas, and will t
the best of my ability preserve, protect, and defend the Constitution and the lags of the
United States and of this State, so help me God."
Carol M tgomery
Municipal Court Presiding Judge
City of Southlake
Sworn to and subscribed before rye by a giant on this 2qLAday of i` 2022.
Clerk f the Court
City of Southlake
AKE,
STATETEXAS
Statement of Appointed Offlear
Carol Montoomerv, solemnly swear r of that ! have not directly or
Indirectly paid, offered, promised to pay, contributed, or promised to contributeany
money or thing of value, or promised any public i or employment as a reward t
secure my appoinfinenter confirmation thereof, so help Cod."
z Car ontgom
Municipal Court Presiding Judge
City of Southlake
om to and subscribed before me by affiant on this y of � � 2022.
� .
ourt;Clerk
City of Sln
AKE9