CC Resolution No. 1641 RESOLUTION NO. 1641 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
TERMINATING THE RIGHTS OF THE INCUMBENT MUNICIPAL COURT
JUDGE, THE INCUMBENT ASSOCIATE MUNICIPAL COURT JUDGE AND THE
INCUMBENT INTERIM ASSOCIATE MUNICIPAL COURT JUDGES TO
CONTINUE TO SERVE ANOTHER TERM OF OFFICE BY REJECTING THEIR
REAPPOINTMENTS; APPOINTING AN INTERIM MUNICIPAL COURT JUDGE
AND INTERIM ASSOCIATE MUNICIPAL COURT JUDGES; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, on January 31, 2004, the terms of Municipal Court Judge Larry Bailey, Associate
Municipal Court Judge Randall Strong, Interim Associate Municipal Court Judge Kelly Benavides and
Interim Associate Municipal Court Judge Andy Helms expired; and
WHEREAS, because article XVI, Section 17 of the Texas Constitution provides that "[ajll
officers . . . shall continue to perform the duties of their offices until their successors shall be duly
qualified," all such judges have held over and have been performing their respective duties which they
were performing on January 31, 2004; and
WHEREAS, unless the City Council takes action within 90 days from the expiration of their
respective terms, each will continue to serve in such capacity for another term of office beginning on the
date the previous term of office expired; and
WHEREAS, the City Council does not desire for the appointments to the offices of Municipal
Court Judge,Associate Municipal Court Judge or Interim Associate Municipal Court Judge to be made by
operation of law; and
WHEREAS, the City Council hereby takes action inconsistent with the retention of that office by
the incumbents by terminating any such rights and rejecting their reappointment;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby terminates any right
of the following incumbents to continue to serve another term of office by operation of law and hereby
rejects their reappointment:
Incumbent Office
Lan Bailey Municipal Court Judge
Randall Strong Associate Municipal Court Judge
Kelly Benavides Interim Associate Municipal Court Judge
Andy Helms Interim Associate Municipal Court Judge
Section 2: That subject to Section 4, the City Council of the City of Baytown,Texas,hereby
appoints Larry Bailey as an Interim Municipal Court Judge for the period beginning March 25, 2004,
through the earlier of(i) October 1, 2004, or (ii) the date the City Council appoints a Municipal Court
Judge. Larry Bailey, however, is hereby placed on administrative leave with pay until further notice by
the City Council or until October 1, 2004, whichever occurs first. While on administrative leave, Larry
Bailey:
➢ shall not report to the Baytown Municipal Court facility for any purpose;
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➢ shall, when appropriate during the week and on weekends, issue warrants, take pleas of prisoners,
give magistrate warnings and perform other duties of the Interim Municipal Court Judge as
needed; and
➢ shall perform other duties as requested.
Section 3: That subject to Section 4, the City Council of the City of Baytown, Texas,hereby
appoints the following as Interim Associate Municipal Court Judges for the period beginning March 25,
2004, through the earlier of(i) October 1, 2004, or (ii) the date the City Council appoints an Associate
Municipal Court Judge:
Andy Helms
Kelly Benavides
Section 4: The appointments made in Sections 2 and 3 are expressly contingent upon each
person so appointed signing a Contract for Professional Judicial Services with the City of Baytown.
Section 5: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of
Baytown this the 25 h day of March, 2004.
/5';?b e,
PETE C. ALFARO,Mayor
ATTEST:
G _ Y W S'A417`11, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Attorney
R\Karen\Files\City Council\Resolutions\lnterimJudgeAppointment.DOC
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