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Item 7ACITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. Section 1. That Carol Montgomery is hereby appointed municipal judge of the City of Southlake, Texas, for a term of two years, which will expire July 17, 2007 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 11 PASSED AND APPROVED THIS THE DAY OF JUNE 2005 ON FIRST READING. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary PASSED AND APPROVED THIS THE DAY OF JULY 2005 ON SECOND READING. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary Ordinance No. 887 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney DATE SIGNED: DATE APPROVED: EFFECTIVE DATE: CITY OF SOUTHLAKE Professional Services Agreement Municipal Judge This Agreement, made and entered into this day of 2005, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and Carol MontgomerX hereinafter referred to as "Municipal Judge." WITNESSETH: 1. City does hereby agree to enter into an Agreement with Carol Montgomery for Municipal Judge services for a period of two (2) years, beginning on July 17, 2005 and continuing through midnight on July 17, 2007 at a salary of $3,381.30. 2. City does hereby agree to provide a mobile phone and pager for the Municipal Judge for unlimited use in the performance of her duties as Municipal Judge. In addition, the City will provide judge's robe and gavel. 3. 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. Such memberships to include the following: Lexis/Nexus - Online Case Tracking Texas State Bar Association Northeast Tarrant County Bar Association 4. City does hereby agree to budget and to pay for the travel and subsistence expenses of Municipal Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 5. City does hereby agree to review the Municipal Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 6. The 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 docket 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. The Municipal Judge further agrees to perform the duties of Municipal Court Judge as outlined in more detail in Exhibit A. 7. During 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 11 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. 8. The Municipal Judge shall not take on representation of a client adverse to the City. The Municipal Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 9. The Municipal Judge warrants she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article 11 of Chapter 8 of the Code of Ordinances of the City of Southlake. 10. The city may remove the 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. 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 (30) 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 (7 %) of 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 Andy Wambsganss, 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. Municipal Judge City of Southlake, Mayor Andy Wambsganss ATTEST: Lori A. Farwell City Secretary Exhibit A Duties of the Municipal Court Judge Essential Functions: 1. Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non -jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations.