HomeMy WebLinkAboutOrdinances (O-21-2181)-11/16/2021ORDINANCE 0-21-2181
AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF CAROL
MONTGOMERY AS THE PRESIDING MUNICIPAL COURT JUDGE FOR
THE COLLEYVILLE/KELLER REGIONAL MUNICIPAL COURT OF
RECORD IN CONFORMANCE WITH SECTION 8.02 OF THE
COLLEYVILLE CHARTER AND THE INTERLOCAL AGREEMENT FOR
COMBINED MUNICIPAL COURT SERVICES BETWEEN THE CITIES OF
COLLEYVILLE AND KELLER; APPROVING THE APPOINTMENT OF AN
ASSOCIATE MUNICIPAL COURT JUDGE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council desires to appoint Carol Montgomery as the
Presiding Municipal Court Judge for the Colleyville/Keller
Regional Municipal Court of Record for a two (2) year term in
conformance with applicable law and the existing Interlocal
Agreement for Combined Municipal Court Services between the
cities of Colleyville and Keller; and
WHEREAS, the City Council further desires to approve the appointment of
an associate Municipal Court Judge for a term running
concurrent with the Presiding Judge's term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City Council of the City of Colleyville, Texas hereby
appoints Carol Montgomery to serve as the Presiding Municipal
Court Judge for the Colleyville/Keller Regional Municipal Court
of Record to serve from December 1, 2021, through December
1, 2023. Accordingly, the City Council hereby approves the
Regional Municipal Court Judge Agreement with Carol
Montgomery attached hereto as Exhibit "A".
Sec. 2. THAT the City Council further approves the appointment of
Lindsay Kinzey as an Associate Municipal Court Judge for the
Colleyville/Keller Regional Municipal Court of Record to serve
from December 1, 2021, through December 1, 2023; subject
to the terms and conditions applicable to associate judges
contained in the Municipal Court ILA and Exhibit "A" hereto.
Sec. 3. THAT this ordinance shall take effect immediately from and
after its passage.
Ordinance 0-21-2181
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day of
November 2021.
The second reading and public hearing being conducted on the 16th day of
November 2021.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 16TH DAY OF
NOVEMBER 2021.
Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST:
Christine Loven, TRMC
City Secretary
TO FORM:
Whot-C Wyatt
City Attorney
CITY OF COLLEYVILLE
Richard Newton
Mayor
EXHIBIT A
REGIONAL MUNICIPAL COURT
JUDGE AGREEMENT
Effective December 1, 2021
(attached)
REGIONAL MUNICIPAL COURT JUDGE AGREEMENT
This Regional Municipal Court Judge Agreement ("Agreement") is made by and between
the City of Colleyville ("Colleyville"), the City of Keller ("Keller"), and Carol Montgomery
("Judge"), (each a "Party" and collectively the "Parties"), acting by and through their authorized
representatives.
RECITALS:
WHEREAS, Colleyville and Keller (each a "City" and collectively the "Cities") jointly
administer and operate a regional municipal court; and
WHEREAS, the Cities desire to engage and appoint Judge Carol Montgomery to serve as
the regional municipal court judge for the Cities' regional municipal court pursuant to the terms
and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and terms and conditions
herein contained, and of the execution hereof, the Parties agree and bind themselves to the
obligations and performance of the tasks as follows:
Article I
Purpose
The purpose of this Agreement is for the City to contract for municipal court judge services
to be performed in accordance with the terms and conditions of this Agreement.
Article II
Term
This Agreement shall be effective as of December 1, 2021 (the "Effective Date") and shall
expire December 31, 2023. Notwithstanding the foregoing, the term of this Agreement may be
extended by mutual written agreement of the Parties.
Article III
Regional Municipal Court Judge
3.1 Authority; Services. Judge shall have all authority vested under law and shall
undertake Judge's duties fairly, impartially and independently. Judge shall, in a timely and
responsive manner, perform all services set forth herein and as required of municipal court judges
in accordance with Cities' respective Charters, the Cities' interlocal agreement for combined
municipal court services, the adopted policies and procedures of the regional municipal court, and
the laws applicable to municipal judges of courts in the State of Texas, as the foregoing may be
amended ("Services"). The Services shall include, without limitation, the following:
(a) Preside over all municipal court proceedings;
(b) Promptly handle all adult and juvenile arraignments (see Section 3.2 below);
PAGE 1 I CITY OF COLLEI'IILLE/CITY OF KELLER
REGIONAL MUNICIPAL COURT JUDGE AGREENFFNT
(d) Execute all arrest warrants;
(e) Execute all court warrants;
(f) Coordinate court activities with the municipal court administrator, prosecutor(s), city
attorey(s), and other departments of the Cities as necessary;
(g) Perform such other duties as assigned by the respective City Councils and/or the City
Managers that may be commensurate with the position of Regional Municipal Court
Judge; and
(h) Perform all other administrative duties of a municipal court judge as may be provided
by ordinance, resolution of the City Council, or applicable state law.
3.2 Arraignments; Magistrate Duties. Judge shall be responsible for all duties
customarily performed by magistrates of municipal courts of record in Texas. In particular, Judge
shall be responsible for all arraignments and magistrate duties for the regional holding facility
(jointly administered by Keller, Colleyville and Southlake), subject to the terms and conditions of
all existing MOUs and other agreements of the cities related to the same. Judge (or duly assigned
associate judge(s)) shall, at all times during the term of this Agreement, be available on a 24/7
basis to handle all warrants, bonds, emergency orders, prisoner transfers requests, and similar
matters. Compensation for these duties flow through the stipend received from Southlake in the
amount of $12,000 per year and Roanoke in the amount of $7,300 per year, to be paid to the Judge
quarterly.
3.3 Scheduling of Dockets. Judge shall be responsible for scheduling all court dockets
and proceedings in coordination with the municipal court administrator to facilitate optimal court
efficiency in support of the Cities' customer service goals and values.
3.4 Review and Selection Committee. The Cities have established a Municipal Judge
Review and Selection Committee (the "Committee") to assist in administering the position of the
regional municipal court judge. The Committee may meet from time to time to discuss, review
and/or modify the administration of the regional municipal judge position, including the periodic
review the Judge's performance under this Agreement. Within the first three (3) months of this
Agreement, a performance evaluation of judge shall be undertaken by the Cities (through their
respective City Managers, or designee(s)) and presented to the Committee. Upon request by the
Committee and/or Cities, Judge agrees to collaborate with the Committee to ensure the municipal
court's operations, policies and orders are being effectively administered consistent with the
operational goals and values of the Cities.
3.5 Associate Judge(s). Judge shall, upon prior written approval of the Cities, engage
the services of one or more associate judges during the term hereof, subject to all terms and
conditions established by the Cities, in the Cities' sole discretion. Judge shall exercise direct
supervision over all associate judges and be responsible for assigning such associate judges to act
in Judge's absence in accordance with Section 30.00007(a)(4) of the Texas Government Code.
Judge shall be responsible for all compensation due to all associate judges under this Agreement
and shall ensure that the position of associate judge does not go vacant for more than 60
consecutive days during the tern of this Agreement.
PACE 2 I CITY OF COLLEYVILLEXITY OF KELLER
REGIONAL MUNICIPAL COURT JUDGE AGREEMENT
3.6 Qualifications; Trainings. Judge must be an attorney licensed by the Texas
Supreme Court and must remain in good standing with the State Bar of Texas at all times during
the term of this Agreement. Judge shall further adhere to the Texas Code of Judicial Conduct and
all other constitutional and statutory requirements of Judge's appointed office. The Cities
acknowledge that Judge may be required to participate in training programs administered by the
City of Southlake during the term of this Agreement and agree that the City of Southlake, as
Judge's current employer, may seek equitable contribution in the form of reimbursement from the
Cities for the proportionate costs of such trainings attributable to the Judge's Services under this
Agreement.
Article IV
Compensation
4.1 Compensation. Judge shall be compensated for the Services based upon a flat
annual rate of $135,000, which will be paid to Judge on a bi-weekly basis ($5,192.31) during the
term of this Agreement. Should this Agreement terminate prior to the last day of the month, the
Judge's compensation will be prorated on a daily basis for any partial month. Additionally, the
cities will provide Judge, during the term of this Agreement, (i) use of 2 iPads (to be purchased
and owned by Colleyville) at least one device will be a cellular streaming device, (ii) a one-time
reimbursement up to $250.00 for judicial robe(s), (iii) a mobile telecommunications device stipend
in the amount of $100.00 per month, and (iv) cities shall find City of Colleyville portion of
participation in Texas Municipal Retirement Fund. Judge shall not be entitled to any other
compensation under this Agreement unless otherwise agreed by the Parties in writing.
4.2 Independent Contractor Status; Insurance; Taxes. Notwithstanding any other
provision of this Agreement, the Parties intend and agree that Judge shall be an independent
contractor and not an employee of either City during the term of this Agreement for any purpose,
including without limitation, application of FICA, the Social Security Act, the Federal
Unemployment Act, and applicable provisions of the Internal Revenue Code. The Cities shall not
pay (or reimburse) Worker's Compensation Insurance on Judge's behalf during the term of this
Agreement and Judge shall at all times be responsible for the payment of Judge's self-employment
taxes incurred in connection with this Agreement.
Article V
Termination
5.1 Termination for Convenience. Any Party may terminate this Agreement, in whole
or in part, at any time by providing sixty (60) days written notice. Judge shall be compensated for
all Services up to the time of termination. If Judge has any property or documents in its possession
belonging to the Cities, Judge will account for and dispose of the same in the manner requested.
5.2 Termination for Default [Breach or Cause]. If Judge fails to perform in the manner
called for in this Agreement, or if Judge fails to comply with any other provisions of this
Agreement, the Cities may terminate this Agreement for default. Termination shall be given by
serving a notice of termination on Judge setting forth the default and stating the date of termination.
Upon termination under this Section 5.2, Judge shall be compensated only for Services performed
PAGE 3 I CITY OF COLLEYYILLE/CITY OF KELLER
REGIOSAI, MUMCII'AL COURT' JUDGE AGREE\IEnT
in accordance with this Agreement through the date of termination.
5.3 Removal of Judge. Notwithstanding any other provisions of this Agreement, the
Parties acknowledge that Judge may be removed from office only as provided by law. The
removal of Judge by either City, regardless of reason, shall be mutually effective to terminate this
Agreement.
5.4 Waiver of Remedies for Any Breach. In the event that City elects to waive its
remedies for any breach or default by Judge of any covenant, term or condition of this Agreement,
such waiver by City shall not limit City's remedies for any succeeding breach or default of this
Agreement.
Article VI
Miscellaneous
6.1 Independent Contractor. It is understood and agreed by and between the Parties
that in satisfying the conditions of this Agreement, Judge is acting independently, and that the
Cities assume no responsibility or liabilities to any third party in connection with these actions.
All Services to be performed by Judge pursuant to this Agreement shall be in the capacity of an
independent contractor, and not as an agent or employee of either Colleyville or Keller. Judge
shall supervise the performance of its Services and shall be entitled to control the manner and
means by which its Services are to be performed, subject to the terms of this Agreement. As such,
the Cities shall not: (1) train the Judge; (2) require the Judge to complete regular oral or written
reports; or (3) require any Judge to provide full-time employee services to either city.
6.3 Assignment of Agreement. Judge may not assign this Agreement, or assign or
delegate any right or duty under this Agreement, without prior written approval from the Cities.
6.4 Notice. Any notice required or permitted to be given under this Agreement by one
Party to the other Party shall be in writing and shall be given and deemed to have been given
immediately if delivered in person to the recipient's address set forth in this section, or on the date
shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered
or certified mail with return receipt requested, addressed to the receiving Party at the address
hereinafter specified:
For Colleyville:
City of Colleyville
Attn: Jerry Ducay, City Manager
100 Main Street, Yd Floor
Colleyville, Texas 76034
E: jducay@colleyville.com
For Keller:
City of Keller
Attn: Mark Hafiier, City Manager
P.O. Box 770
Keller, Texas 76244
E: mhafner@cityofkeller.com
PAGE 4 I CITY OF COLLEYVILLE/CITY OF KELLER
REGIONAL MUNICIPAL COURT JUDGE AGREEMENT
For Judge:
Carol Montgomery
202 West LD Lockett
Colleyville, Texas 76034
6.5 Conflict of Interest. Judge covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of Services required to be performed under this Agreement. If any such conflict of
interest shall arise during the Agreement Term, Judge shall immediately and fully disclose the
nature and extent of the conflict to the respective party and resolve the conflict to party's
satisfaction.
6.6 Signatories. Having agreed to the terms herein, the undersigned signatories hereby
represent and warrant that they have authority to enter into this Agreement.
6.7 Applicable Law and Venue. The laws of the State of Texas shall govern this
Agreement; and venue for any action concerning this Agreement shall be in the state district court
of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter
jurisdiction of said court.
6.8 Amendments. This Agreement may be amended only upon written Agreement
signed by the Parties.
6.9 Severability/Interpretation. In the event any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and
the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in it.
6.10 Compliance with Laws. Judge shall fully comply with all federal, state, and local
laws, rules, regulations, and ordinances applicable to the services covered hereunder as they may
now read or may hereafter be amended.
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PAGE 5 I CITY OF COLLEYYILLE/CFFY OF KELLER
REGIONAL MUNICIPAL COURT JUDGE AGREEMENT
CITY OF COLLEYVILLE REGIONAL MUNICIPAL COURT JUDGE
Un
Mayor Richard Newton Carol Montgomery
Date signed: Date signed
CITY OF KELLER
By:
Mayor Armin Mizani
Date signed:
PAGE 6 I CITY OF COLLE}'{'ILI,E/CITY OF KELLER
REGIONAL MUNICIPAL COURT JUDGE AGREEMENT