AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP,
TEXAS, ASSIGNING A SPECIAL MUNICIPAL COURT PROSECUTOR,
PURSUANT TO SECTION 3.10 OF THE HOME RULE CITY CHARTER;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Prosecutor has notified the City
Council of a potential conflict of interest which prevents the City
Prosecutor from handling a pending matter which has recently been
filed with the Municipal Court; and
WHEREAS,
due to such potential conflict, the City Prosecutor has recommended
to the City Council that the Council assign a Special Municipal Court
Prosecutor for the limited purpose of handling the pending matter
upon which a conflict may exist; and
WHEREAS, the City Council finds and determines that,
based upon the recommendation of the City Prosecutor, it is necessary
and advisable at this time to assign a Special Municipal Court Prosecutor,
as allowed by City Charter Section 3.10, to prosecute the matter currently
pending before the Municipal Court.
NOW THEREFORE, 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 assigns Tull Farley to be the Special
Municipal Court Prosecutor, as allowed by City Charter Section 3.10,
at this time, and requests that Farley prosecute the matter at hand
before the Municipal Court on behalf of the City of Bastrop.
Part 3: The Council hereby ordains that, pursuant to Section
3.10 of the City of Bastrop's Home Rule Charter, Farley shall have
all powers and duties of the office of Municipal Court Prosecutor,
and that Farley shall be entitled to compensation, as set by the Council,
for her service in that position.
Part 4: The Council hereby ordains that Farley's service as
the assigned Special Municipal Court Prosecutor will automatically
terminate at the conclusion of the prosecution of the matter she has
been retained to handle on behalf of the City, with no further action
by the Council or City to be required.
Part 5: 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and resolutions, in conflict with this Ordinance are hereby repealed,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 6: This Ordinance
shall become effective upon adoption, after approval at the Second
Reading, which date is noted below, or as otherwise allowed by law.
READ and APPROVED on First
Reading on the 26th day of August 2003.
READ and ADOPTED on Second Reading on the 9th day of September 2003.
APPROVED:
Tom Scott, Mayor
