HomeMy Public PortalAboutOrdinance No. 1403-19 12-09-2019ORDINANCE NO. 1403-19
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
APPOINTING THE JUDGE OF THE RICHLAND HILLS MUNICIPAL
COURT OF RECORD; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council has created a municipal court of record pursuant to
Chapter 30 of the Texas Government Code; and
WHEREAS, pursuant to Chapter 30 of the Texas Government Code, the City
Council has the. authority to name judges and/or associate judges to preside over the
judicial functions for the Richland Hills Municipal Court of Record; and
WHEREAS, Section 574.001, Texas Government Code requires that a finding be
made by the governing body to the effect that a person who serves as a officer in more
than on appointed position has satisfied Article XVI, Section 40, of the Texas
Constitution; and
WHEREAS, the City Council has determined that there is no conflict between the
office of municipal judge of the City of Richland Hills and the office of municipal judge or
associate municipal judge in any other municipality in the State of Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
It is hereby found that the office of municipal judge and associate judge of the
City of Richland Hills is of benefit to the State of Texas and to the City of Richland Hills.
SECTION 2.
J. Stewart Bass is hereby reappointed as municipal judge of the Richland Hills
Municipal Court of Record for atwo-year term to expire December 31, 2021. At the
expiration of said term, in accordance with Article 16, Section 17 of the Texas
Constitution, Judge Bass shall continue to serve until his successor shall be duly
qualified. The City Council shall have the authority to remove the municipal judge as
provided by City Charter.
SECTION 3.
Lorraine Irby and Wendy Cooper are hereby reappointed as associate judges of
the Richland Hills Municipal Court of Record for atwo-year term to expire December 31,
2021. At the expiration of said term, in accordance with Article 16, Section 17 of the
Texas Constitution, Judge Irby and Judge Cooper shall continue to serve until their
successors shall be duly qualified. The City Council shall have the authority to remove
the associate judges as provided by City Charter.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 9th DAY OF DECEM ER, 2019.
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THE HONORABLE EDWARD LOPEZ, MAYOR
ATTEST:
CATHY RG, CITY CRETARY
APPROVED AS T.O FORM AND LEGALITY
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BETSY IT ATTORNEY
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