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Home My WebLink AboutO-1993-1950 · cccg~)f. ORDINANCE NO. 93- 1950 AN ORDINANCE CREATING WITHIN THE MUNICIPAL COURT OF THE CITY OF' LA PORTE THE POSITI.ON OF CITY MARSHAL; ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY MARSHAL; PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE MARSHAL'S AUTHORITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING.AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE.CITY COUNCIL OF THE CITY OF LA PORTE: section 1. There is created within.the Municipal Court of the City of La Porte a position of City Marshal, pursuant to the terms and provisions o~ this ordinance. a. SubJect to the approval of the Municipal Court Judge, the City Manager shal~ appoint a city Marshal, who shall thereafter be under the direct supervision of the Mu~icipal Court Judge. f b. The .ci ty Marshal shall serve and execute warrants of arrest, subpoenas and other legal process .issuing out of the Municipal Court of the city of La Porte. .The City Marshal shall also serve subpoenas or other legal process issuing out of the civil Service Commission, the City Council, any board, commission, or department of the city of La Porte requiring. servi~e .of legal process for' hearings, condemnation hearings, and none 9ther. The City Marshall shall additionally perform such other and further duties as may be ,assigned by the Judge of the Municipal Court from time to time. - c. The City'Marshal shall meet the qualifications for certification as a peace' officer as ,established by the Texas Commission of Law Enforcement Officer Standards and ~ducat'ion 'pursuant to Chapter 4is. OOl et seq of the Texas Government Code and shall seek and receive such peace officer certification within the time prescribed by said provisions, as a necessary condition for continued employmen~ as a city Marshal. · (C(Q)[P1( · ORDINANCE NO. 93- 1950 d. The City Marshal shall serve as a peace officer and 'shall- have full police authority in the exercise of his assigned duties. e. The City Marshal is not a regUlar member of .the Police Depa,rtment of the City of La. Porte within the meaning of the state laws governing such department as to civil service, minimum. wages, or hours of employment. Neither shall the city Marshal be a paid law enforce~ent officer for the purposes of and with,in the meaning of Vernon's Ann. civ. st. art 6228f. f. Nothing herein provided shall preve;nt CDr in any way inhibit any regular police officer of the City of La Porte from serving or exe~ut~ng any process issuing out of the Municipal Court which may be placed in his hands to be served or executed. Section 2 D The City Councii officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of' the city council was posted at a place convenient to the public at the.city Hall of the ci ty for the time required by law pJ:::eqeding this meeting, as required by the' Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotated; and that t~is meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discu~sed, considered an~' formally acted upon. The ci ty Council further ratifi~s, approves and confirms s~ch written notice and the contents and P9sting thereof. e t(Q[PV. ." ORDINANCE NO. 93- 1950 section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in-adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidi ty 'of any other portion hereof, ahd all provisions of this ordinance are declared to be severable for that purpose. .Section 4.. All ordinances or parts of ordinances 'inconsistent with the terms of this ordinance are hereby repealed; provided, . h,?wever, that such repeal shall be only to th.~ extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. section s. This Ordinance shall be effective from and "after its passage and approval, and it is so ordered. . (C(0)(PVe ORDIN~~CE NO. 93- 1950 PASSED AND APPROVED, this 8th day of November, 1993. CITY OF LA PORTE By: !i~4~ Mayor ATTEST: ..5--.. L~ Sue Lenes, c;ity Secretary e e ~ REQUEST FOR CITY CO CIL AGENDA ITEM Agenda Date Requested: Februar 14 2005 Appropriation Requested By: Source of Funds: N'A Department: A.dlRiAiitratioA Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance #2005- q ~ ,,51)-11 Amount Requested: IN'A Exhibits: Ordinance #93-1950 Budgeted Item: YES NO Exhibits: / SUMMARY & RECOMMENDATION Staff has diligently worked with the previous and current Municipal Court Judges to facilitate a smooth transition in administration. In so doing, several audits and surveys have been conducted to review the efficiency of the court operations. Several recommendations have been made including, but not limited to, enhanced reporting to Council, additional training for the Court Administrator and the reorganization of all staff to report directly to the professional Municipal Court Administrator (a full-time employee of the City). Action Required bv Council: q?;~ Iq:])-A Approve ordinance # 2005- amending Ordinance 93-1950 as requested. 0/- }-05 Date ....A r.' . e ORDINANCE NO. 93- 1950 AN ORDINANCE CREATING WITHIN THE MUNICIPAL COURT OF THE CITY OF LA PORTE THE POSITION OF CITY MARSHAL; ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY MARSHAL; PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE MARSHAL I S AUTHORITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. There is created within the Municipal Court of the city of La Porte a position of City Marshal, pursuant to the terms and provisions of this ordinance. a. Subject to the approval of the Municipal Court Judge, the City Manager shall appoint a City Marshal, who shall thereafter be under the direct supervision of the Municipal Court Judge. b. The City Marshal shall serve and execute warrants of arrest, subpoenas and other legal process issuing out of the Municipal Court of the City of La Porte. The City Marshal shall also serve subpoenas or other legal process issuing out of the civil Service Commission, the City council, any board, commission, or department of the City of La Porte requiring service of legal process for hearings, condemnation hearings, and none other. The City Marshall shall additionally perform such other and further duties as may be assigned by the Judge of the Municipal Court from time to time. c. The City Marshal shall meet the qualifications for certification as a peace officer as established by the Texas Commission of Law Enforcement Officer Standards and Education pursuant to Chapter 415.001 et seq of the Texas Government Code and shall seek and receive such peace officer certification within the time prescribed by said provisions, as a necessary condition for continued employment as a City Marshal. . . ORDINANCE NO. 93- 1950 d. The City Marshal shall serve as a peace officer and shall have full police authority in the exercise of his assigned duties. e. The city Marshal is not a regular member of the Police Department of the City of La Porte within the meaning of the state laws governing such department as to civil service, minimum wages, or hours of employment. Neither shall the City Marshal be a paid law enforcement officer for the purposes of and within the meaning of Vernon's Ann. Civ. st. art 6228f. f. Nothing herein provided shall prevent or in any way inhibit any regular police officer of the City of La Porte from serving or executing any process issuing out of the Municipal Court which may be placed in his hands to be served or executed. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 93- 1950 section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. 93- 1950 . PASSED AND APPROVED, this 8th day of November, 1993. CITY OF LA PORTE By: ATTEST: ~ ,7f:-,~ Sue Lenes, City Secretary LL~d~ Mayor