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HomeMy WebLinkAboutORD 1991-023 �� ORDINANCE NO. 91-23 '�°�� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, RELATING TO COURTS AND CRIMINAL PROCEDURE BY ADDING A NEW SECTION 8-10 RELATING TO THE ESTABLISHMENT OF A CITY MARSHAL OFFICE; PROVIDING FOR APPOINTMENT AND QUALIFICATIONS OF THE CITY MARSHAL; CONFERRING FULL POLICE AUTHORITY OF PEACE OFFICERS UPON THE CITY MARSHAL WHILE IN EXERCISE OF HIS DUTIES; PROVIDING FOR RETIREMENT AND SURVIVORS' BENEFITS; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE CITY MARSHAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council hereby determines that it is in the best interest of the City to establish a City Marshal's Office in the Municipal Court Department; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ,,�A>-� CITY OF GRAPEVINE, TEXAS: Section 1. Chapter 8 of the Code of Ordinances of the City `�°' of Grapevine, Texas, is hereby amended by the addition of the following section, Section 8-10, which shall read as follows: "Sec. 8-10. City Marshal - Office created; Appointment; Qualifications; Power of Arrest, Eligibility for Pension; Duties; Oath of Office; Bond. (a) There is hereby established the office of City Marshal of the City of Grapevine, Texas. The number of Deputy City Marshals, as deemed necessary, shall be determined by the City Council. The City Marshal and Deputy City Marshals shall be appointed by the Municipal Court Administrator. The City Marshal and Deputy City Marshals shall meet all qualifica- tions necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officers Standards and Education. The City Marshal and Deputy City Marshals shall ��� serve as peace officers and have full police ' authority in the exercise of their assigned duties; however, they shall not be assigned the �, duties which are presently assigned to the Police Department of the City. The City Marshal � , and Deputy City Marshals are not members of the Police Department of the City; however, they are eligible for membership in the Texas Municipal Retirement System. The City Marshal and Deputy "�" City Marshals are paid law enforcement officers for the purpose of qualifying for survivors' assistance benefits under the provisions of Article 6228F, Texas Civil Statues. (b) The City Marshal and each Deputy City Marshal shall be responsible for and perform the following duties and functions under the directions of the Municipal Court Administrator. (1) Execute warrants of arrest, subpoenas, and other legal process issuing out of the Municipal Court; (2) Execute other warrants of arrest, subpoenas, and legal process as determined by the Municipal Court Administrator; (3) Serve as Court Bailiffs in the Municipal Court; �� (4) Perform such other duties as may from time to time be authorized, delegated or required by this Code, ordinance, or �" Municipal Court Administrator; (5) Each City Marshal or Deputy Marshal shall be required to take an oath of office before entering upon the discharge of this duties. The oath shall be subscribed by the person taking it and shall be filed and preserved in the Office of the City Secretary. The form of oath shall be the same as that required for members of the City Council. (6) Before entering upon the duties as City Marshal, each City Marshal and Deputy City Marshal shall give a good and sufficient surety company bond to the City in the amount of Five Thousand Dollars ($5, 000.00) , duly approved by the City Attorney, conditioned upon the faithful performance and discharge of the City Marshal's and Deputy City Marshals ' duties .� and for proper application and payment of � �4,.,a all money and property coming into the hands of the respective City Marshal and Deputy City Marshals by virtue of their office. The cost of such bond shall be '� paid by the City. " Section 2 . This Ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting municipal courts and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 3 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinance and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general ,�. ,, welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the '�-� public which requires that this Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 16th day of April , 1991. APPROVED: __ � William D. Tate Mayor ATTEST: �� � �w Lin a Huff �, City Secretary � APPROVED AS TO FORM: /� � � �� � __- John F. Boyle, Jr. City Attorney �. rc. �:� �..,m �