HomeMy WebLinkAboutOrdinance No. 840 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER
2; ADDING SECTIONS 2.17 AND 2.18 CREATING THE OFFICE OF CITY
MARSHAL; ESTABLISHING THE DUTIES OF THE CITY MARSHAL;
PROVIDING AUTHORITY OF THE CITY MARSHAL; PROVIDING FOR
OATH OF OFFICE AND BOND OF THE CITY MARSHAL; PROVIDING
APPOINTMENT AND QUALIFICATIONS OF CITY MARSHAL;
PROVIDING DUTIES AND RESPONSIBILITIES OF CITY MARSHAL;
CONFERRING FULL POLICE AUTHORITY WHILE IN EXERCISE OF
DUTIES; PROVIDING RETIREMENT AND SURVIVOR'S BENEFITS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section L That Chapter 2, of the Code of Ordinances is hereby amended by the
addition of Sections 2.17 and 2.18 relating to the creation of the Office of the City Marshal,
to hereinafter read as follows:
"Section 2.17 Office of the City Marshal
Pursuant to section $.07 of the charter, there is hereby created the Office of
the City Marshal, comprised of one marshal and two reserve marshals, such marshal
and reserves to be appointed by the City Manager and operate under the supervision
of the Director of Administrative Services. The City Marshal and Reserve Marshals
shall meet all qualifications necessary to be certified as peace officers by the Texas
Commission on Law Enforcement Office Standards and Education. The City
Marshal shall not be a regular member of the Police Department of the City and,
therefore, is not a member of the Police Department but may be eligible for
membership in any police department benefits or retirement program, however, the
City Marshal is a paid law enforcement officer for every other purpose including for
the purpose of qualifying for survivor's assistance benefits under the provisions of
Article 6228f, Revised Civil Statutes of Texas, 1925, as amended."
"Section 2.18 Duties of City Marshal; Oath of Office; Bond
The City Marshal and each reserve City Marshal shall be responsible for and
perform the following duties and functions under the direction of the City Manager
and/or the Director of Administrative Services:
(a) Execute warrants of arrest, subpoenas, and other legal process issuing
out of the Municipal Court;
(b) Execute other warrants of arrest, subpoenas, and legal process as
determined by the Municipal Court Clerk;
(c) Serve as court bailiffs in the Municipal Court;
(d) Such other duties as may from time to time be authorized, delegated
or required by this Code, ordinance, or City Manager or Director of
Administrative Services;
(e) In addition to all unennmerated duties, the City Marshal and reserve
City Marshals shall have all the powers of arrest and enforcement of
the laws of the state and city as are delegated all peace officers; and
(f) The City Marshal and reserve City Marshals shall be required to take
an oath of office before entering upon the discharge of 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 Police Department.
Section 2. It is the intent of the City Council that this ordinance shall totally control
the duties and responsibilities of the City Marshal; that the duties and responsibilities of the
City Marshal in no way reflect upon the responsibilities or authority of the Chief of Police;
and that the provisions found in section 341.021 of the Local Government Code relating to
General Law Cities does not apply.
Section 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons 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 this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. That this ordinance shall take effect immediately from and after its
passage and it is so ordained.
PASSEI)~AJ~ID APPROV~ by the City Council of the City of The Colony,
Texas on this the ~ day of --¢~.~% , 1994.
d..X_~ ~William W. l~anning~ Mayor ~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City Attorney