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Ordinance 2002-20


ORDINANCE NO. 2002-20
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6: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.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:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary Teresa Miertschin's signature.

Teresa Miertschin, City Secretary

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