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HomeMy Public PortalAboutOrdinance No. 812-97 02-11-1997 • ORDINANCE NO. 812 - 9 7 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING SECTION 5 "OFFICE OF CITY MARSHAL ABOLISHED" OF CHAPTER 8 "PERSONNEL" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, AS HERETOFORE AMENDED, CREATING THE OFFICE OF CITY MARSHAL; PROVIDING DUTIES OF THE CITY MARSHAL; PROVIDING THE AUTHORITY OF THE CITY MARSHAL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Section 5, "OFFICE OF CITY MARSHAL ABOLISHED" of Chapter 8, "PERSONNEL" of the Code of Ordinances of the City of Richland Hills, Texas, as heretofore amended, be and the same is hereby amended to hereafter be and read as follows: • SECTION 5: CITY MARSHAL A. OFFICE OF THE CITY MARSHAL CREATED There is hereby created the office of City Marshal, to be filled by a qualified person appointed by the City Council. The City Marshal shall meet all qualifications necessary to be certified as a peace officer by the Texas Commission on Law Enforcement Officer Standards and Education. The City Marshal shall perform his/her duties under the direction and control of the Municipal Court Clerk. B. DUTIES OF THE CITY MARSHAL The City Marshal, acting under the direction of the Municipal Court Clerk, shall perform the following duties: 1. Execute warrants of arrest, subpoenas, and other legal process issued by a Judge of the Municipal Court; 2. Execute other warrants of arrest, subpoenas, and legal process as authorized by law and as determined by the Municipal Court Clerk; and 3. Serve as bailiff of the Municipal Court. • ORDINANCE NO. 812 - 9 7 PAGE 1 • C. AUTHORITY OF THE CITY MARSHAL: ELIGIBILITY FOR PENSION 1. The City Marshal shall serve as a peace officer of the City and have full police authority in the exercise of his/her assigned duties, however, he/she shall not be assigned to duties which are presently assigned to members of the Police Department. 2. The City Marshal shall not be a member of the Police Department of the City of Richland Hills. The City Marshal shall be eligible for membership in the Texas Municipal Retirement System in the same manner as other City employees and shall be a paid law enforcement officer for the purposes of qualifying for Survivor's Assistance Benefits under the provisions of Chapter 615, Texas Gov't. Code, as amended. D. CITY MARSHAL OATH OF OFFICE The City Marshal shall be required to take the Oath of Office before entering upon the discharge of his/her 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 the oath shall be the same as required for other appointed City officers. II. • Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 8 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. • ORDINANCE NO. 812 - 9 ~ PAGE 2 PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the l.1th day of February , 1997, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: r C. F. Kelley, Mayor t- ATTEST: Te i Will s, City Se etary A OVED AS TO FORM AND LEGALITY: j ~ /Paul F. Wieneskie, ity Attorney • rh1ib201/bh/021197 • ORDINANCE NO. 512_97 PAGE 3