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Home My WebLink AboutO-2005-1950-A (original 1993) e . IIt!1l ~6/t~ /L/11/tJS' ORDINANCE NO. 2005- '1~.,tjSlJ-A AN ORDINANCE AMENDING CHAPTER 46, SECTION 46-1, DCITY MARSHALD, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 46-1, City Marshal, of the Code of Ordinances is hereby amended by changing subparagraph (b) to hereafter read as follows, to-wit: "(b) Appointment; supervision of. 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 court administrator." Section 20 All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 30 If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. 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, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required e e by law at all times during which this ordinance and the subject 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. Section 5. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED, this 14th day of February, 2005. CITY OF LA PORTE By: Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: ~-r~ Cl k T. Askins Assistant City Attorney 2 . (C(Q)[Plf . 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 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 wlthin . the Municipal Court of the City of La Porte a position of City Marshal, pursuant to the terms and provisions o~ this ordinance. a. Sub] ect to the approval of the Municipal Court Judge, 'the City Manager shal:J. appoint a ci ty Marshal, who shall thereafter be under the direct supervision of the Mu~icipal Court Judge. 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 service of legal process for hearings, cohdemnat'1on hearings, and none <?ther. 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 . e'stablished by the Texas Commission of Law Enforcement Officer Standards and ~ducat'ion 'pursuant to Chapter 4is. 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. . CC(D~V · 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 Ci ty 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 ci ty 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 prevept or 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. The City Councii officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meetin~ 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 pr:eceding this meeting, as required by the'Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotatedj and that this 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 City Counci'l further ratifi~s, approves and confirms Sl:1ch written notice and the contents and P9sting thereof. -' . ~(g[pye 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 o~ this ordinance are hereby repealed; provided, , hc;>wever, 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 s. This Ordinance shall be effective from and'after its passage and approval, and it is so ordered. . C CO) [Pl(. ORDINANCE NO. 93- 1950 PASSED AND APPROVED, th~s 8th day of November, 1993. CITY OF LA PORTE By: ATTEST: ..~. ,.~.~ Sue Lenes, <=:ity Secretary 1i~4~ Mayor e . REQUEST FOR CITY CO Aopropriation Agenda Date Requested: Februar 14 2005 Requested By: Source of Funds: N/A Department: A.dllliR istrlltioR Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance #2005- q ~ "50-11 Amount Requested: N'l\. 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 ofthe 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: t;?J~ Iq:])-A Approve ordinance # 2005- amending Ordinance 93-1950 as requested. 0/- ,f-OS Date .' ,,.1 fl."