AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF BASTROP,
TEXAS, APPOINTING AN INTERIM MUNICIPAL COURT JUDGE, PURSUANT TO SECTION
5.02 OF THE HOME RULE CITY CHARTER WHICH WAS ADOPTED ON MAY 4, 2002.
WHEREAS, at the election held on May 4, 2002, the citizens of
Bastrop adopted a Home Rule Charter, which the City Council has ordered
to be adopted effective May 14, 2002; and
WHEREAS, pursuant to the Home Rule Charter of the City of Bastrop
Section 5.02, in the absence of the Judge of the Municipal Court the
Council shall appoint one or more qualified persons to serve in an interim
capacity as a temporary municipal court judge for the City, pending
appointment of a permanent Judge; and
WHEREAS, there is currently an absence in the office of Judge
of the Municipal Court of the City of Bastrop, Texas; and
WHEREAS, the City
Council finds and determines that it is necessary and advisable to appoint
an Interim Municipal Court Judge at this time.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1: The facts and recitations contained in the preamble of
this ordinance are hereby found and declared to be true and correct,
and are incorporated by reference herein and expressly made a part hereof,
as if copied verbatim.
Part 2: The Council
hereby appoints Phyllis Mathison as Interim Municipal Court Judge pursuant
to Section 5.02 of the City of Bastrop's Home Rule Charter, finding
Mathison to be qualified to serve in that capacity.
Part 3: The Council
hereby ordains that pursuant to Section 5.02 of the City of Bastrop's
Home Rule Charter, Mathison shall have all powers and duties of the
office of Municipal Court Judge and shall be entitled to compensation,
as approved by the Council, for her service in that position.
Part 4: The Council
hereby ordains that Mathison's service as Interim Municipal Court Judge
is not a statutory appointment and shall not alter Mathison's at-will
employment status with the City, in her current employment position
as Interim Presiding Judge.
Part 5: The Council
hereby ordains that Mathison's service as Interim Municipal Court Judge
will automatically terminate at such time as the City Council appoints
a permanent Municipal Court Judge for the City of Bastrop.
Part 6: All ordinances
and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force
and effect. If any provision of this ordinance or application thereof
to any person or circumstance, shall be held invalid, such invalidity
shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby
declared to be severable.
Part 7: This Ordinance
shall become effective upon adoption, after approval at the Second Reading,
which date is noted below.
READ and APPROVED on First Reading on the 13th day of August, 2002.
READ and ADOPTED on Second Reading on the 28th day of August, 2002.
APPROVED:

Tom Scott, Mayor
ATTEST:

Teresa Miertschin, City Secretary