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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. *:*rr**xs**s*s*s**r*+***ar*ar*�«*■****r****r***t*****r*+****•r:*r*********a*.**•tr*.: 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; 27 ➢ 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 2