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1291 Ordinance CITY OF SOUTHLAKE ORDINANCE NO. 1291 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING LINDSAY KINZIE AS ASSOCIATE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH THE ASSOCIATE MUNICIPAL JUDGE; 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 associate 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, Lindsay Kinzie is hereby appointed as Associate Municipal Judge of the municipal court of record in the City of Southlake, Texas, for a term of two (2)years, which will expire on April 30, 2027. SECTION 2. The Mayor is hereby authorized to execute an employment agreement with the Associate Municipal Judge to establish compensation and benefits. Page 1 SECTION 3. 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of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.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 4. 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 5. 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. PASSED AND APPROVED ON FIRST READING THIS I) DAY OF INfri( , 2025. (.9(A-'k SHAWN MCCAS LL MAYOR Page 2 ATTEST: ���,, o H iq��'.,�, =U • )\ .NS. AM S E Y CIT ECRETARY % ••• PASSED AND APPROVED ON SECOND READING THIS 104-% DAY OF , 2025. SH WN MCCASKILL MAYOR ATTEST: ` �1ltlllrrrr , 0. _ •; n AM HE L Y "3 " • CI SECRETARY : ' rrnrr�� APPROVED AS TO FORM AND LEGALITY: 0.41111% CITY ATTORNE Page 3 CITY OF SOUTHLAKE CITY OF SOUTHLAKE, TEXAS Employment Agreement Associate Municipal Judge THIS AGREEMENT, made and entered into this 6th day of May, 2025, 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 Lindsay Kinzie, hereinafter referred to as"Associate Municipal Judge," both of which parties hereto understand and agree as follows: WITNESSETH: 1. City does hereby agree to enter into an Employment Agreement with Lindsay Kinzie for Associate Municipal Judge services for a period of two (2) years, beginning on May 1, 2025, and continuing through midnight on April 30, 2027, at an hourly rate of$55.00 per hour. 2. Associate Municipal Judge shall be paid an annual cell phone allowance of$1,200.00 to be paid in $50.00 increments, twice per month. The Associate Municipal Judge shall acquire and maintain a cell phone during the term of this agreement, which shall be available for the Associate Municipal Judge's exclusive and unrestricted use in the performance of her duties hereunder. Associate Municipal Judge shall be responsible for all expenses required for the purchase, operation, maintenance, repair, and regular replacement of said cell phone. In addition, Southlake will provide judge's robe and gavel. 3. All provisions of the rules and regulations of the City applicable to fringe benefits, leave and working conditions as they now exist or hereafter may be amended, shall also apply to the Associate Municipal Judge as they apply to all other part-time employees of the City, in addition to the benefits enumerated specifically for the benefit of the Associate Municipal Judge herein. Such benefits include Workers' Compensation Insurance, access to the City's Employee Assistance Program, and eligibility for participation in the City's Part-Time Alternative Retirement System (PARS). 4. 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 as approved by the Chief Financial Officer, or her designee. Such memberships to include the following: Lexis/Nexus—Online Case Tracking Texas State Bar Association Northeast Tarrant County Bar Association 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of the Associate Municipal Judge for training, short courses, institutes, and seminar that are necessary for professional development and for the good of the City, as approved by the Chief Financial Officer, or her designee. 6. The Associate Municipal Judge agrees to serve as Judge in the temporary absence of the Municipal Judge due to illness, family death, continuing legal or judicial education programs, or any other reason. The Associate Judge, while serving as a Municipal Judge, has all the powers and shall discharge all the duties of a Municipal Judge. Further, the Associate Judge, while serving as a 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 dockets 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. 7. The Associate Municipal Judge shall perform all functions and duties required under the City Charter, City ordinances, other legally permissible and proper duties and functions as said position shall require. 8. The Chief Financial Officer, or designee, shall administer this contract on behalf of the City Council. The Associate Municipal Judge shall keep the Chief Financial Officer informed of issues related to the Court, and shall execute her performance in cooperation with the Chief Financial Officer and the Chief Financial Officer's staff, to the extent, such cooperation does not impair the necessity of judicial independence and avoids the appearance of impropriety. 9. During this Agreement,the Associate 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. 10. The Parties recognize and agree that the Associate Municipal Judge will maintain a private law practice. However, the Associate Municipal Judge shall not (i)take on representation of a client adverse to the City; (ii) represent a client in a case where an employee of the City, in her capacity as an employee of the City, is a witness or may be summoned to appear as a witness; or(iii)accept any case which would require the Associate Municipal Judge to argue a position that is adverse to the interests of the City. 11. The Associate 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. 12. The City may remove the Associate 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. 13. A request by the Associate 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 Associate Municipal Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by the 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. Associate Municipal Judge City of Southlake, Mayor Th. 21-4:"-o:C"—e--- L dsay Kinzi Shawn McCaskill, Mayor `II11111l11,,.� ATTEST: ``'.,`% SOUTH-4 �,,; z • Amy ,Ile ' - • �` • 0; City -cretary "111111110 STATE OF TEXAS Oath of Office "I, Lindsay Kinzie, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Municipal Court Presiding Judge of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and the laws of the United States and of this State, so help me God." Ji-teicr-ril/i . Linds Kinzie Associate Municipal Court Judge City of Southlake Sworn to and subscribed before me by affiant on this of day of CTI.�,Y.¢J , 2025. J ,�J O..‘._ � Clerk of the Court `' City of Southlake V.,/ �IAKE,���� STATE OF TEXAS Statement of Appointed Officer "I, Lindsay Kinzie, do solemnly swear (or affirm)that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment as a reward to secure my appointment or confirmation thereof, so help me God." C7fkk.ck /1/4 ' 2nzie Associat Municipal Court Judge City of Southlake Sworn to and subscribed before me by affiant on this P6 day of dupl. , 2025. f00,LCourt Clerk 0011 City of Southlake _...4iikkore,