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
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