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HomeMy Public PortalAboutOrdinance No. 1490-23 11-13-2023 ORDINANCE NO. 1490-23 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS APPOINTING THE JUDGE AND ASSOCIATE JUDGES 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 one 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, THAT: 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 a two-year term to expire December 31, 2025. 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 is hereby reappointed as associate judge of the Richland Hills Municipal Court of Record for a two-year term to expire December 31, 2025. At the expiration of said term, in accordance with Article 16, Section 17 of the Texas Constitution, Judge Irby shall continue to serve until her successor shall be duly qualified. The City Council shall have the authority to remove the associate judges as provided by City Charter. SECTION 4. Bonnie Wolf is hereby appointed as associate judge of the Richland Hills Municipal Court for a two-year term to expire December 31 , 2025, effective November 13, 2023. At the expiration of said term, in accordance with Article 16, Section 17 of the Texas Constitution, Judge Wolf shall continue to serve until her successor shall be duly qualified. The City Council shall have the authority to remove the associate judges as provided by City Charter. SECTION 5. ORDINANCE CUMULATIVE 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 6. PROVISIONS SEVERABLE 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 7. EFFECTIVE DATE 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. Ordinance No. 1490-23, Page 2 of 3 APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on November 13, 2023, by a vote of f ayes, nays, and abstentions. APPROVED: The Honorable Mayor Edward Lo z ATTEST: indsay Raw ' on, City Secretary r. - * 'I E • • Ordinance No. 1490-23, Page 3 of 3