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OR 99-902 Establishes the position of City Marshal ORDINANCE NO. 99902 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES TO ADD ARTICLE 5-3 ESTABLISHING THE POSITION OF CITY MARSHAL; PROVIDING FOR DUTIES AND RESPONSIBILITIES; BY AMENDING SECTION 5-1-4 OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of CoppelL Texas, has determined that it would be in the best interest of the City and its citizens to establish the position of City Marshal for the Municipal Court of Record No. 1 of the City of Coppell; and WHEREAS, specific duties and responsibilities have been established for said position; and WHEREAS, the City Manager is authorized to appoint the City Marshal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 5 of the Code of Ordinances of the City of Coppell, Texas, be and is hereby ~ded to add Article 5-3, City Marshal, to read as follows: "Sec. 5-3-1 CITY MARSHAL; POSITION CREATED There is hereby created the office of City Marshal, to be filled by qualified persons, appointed by the City Manager or his designee. The City Marshal and all persons serving in the capacity of City Marshal shall meet all qualificatiom necessary to he certified as peace officers by the Texas Commission on Law Enforcement Officers Standards and Education. Sec. 5-3-2 DUTIES The City Marshal, acting under the direction of the City Manager or his designee, shall perform the following duties: (1) Execute warrants of arrest, subpoenas, sunm~ns, and other legal process issuing out of the municipal court; Page - 1 - (2) Execute other warrants of arrest, subpoenas, summons, and other legal process as determined by the municipal court administrator; (3) Serve as bailiffin the municipal court; and (4) Perform such other duties as may he within the authority of certified peace officers or as may he determined by the City Manager or his designee. Sec. 5-3-3 AUTHORITY, ELIGIBILITY FOR PENSION (a) The City Marshal shall serve as a peace officer and has full police authority in the exercise of assigned duties; however, the City Marshal shall not be assigned the duties presently assigned to the police department of the city. (b) The City Marshal is not a member of the police department of the City; however, the City Marshal is eligible for membership in the Texas Municipal Retirement System. The City Marshal is a paid law enforcement officer for the purpose of survivors assistance benefits. Sec. 5-3-4 OATH OF OFFICE; BOND The City Marshal 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." SECTION 2. That Section 5-1-4A of the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended in part to read as follows: Sec. 5-14 Duties of the Municipal Court Administrator "A. The City Manger shall appoint a clerk of the municipal court of record who shall be known as the "Municipal Court Administrator." The municipal court administrator, under the direction ofthe City Manager, may hire, direct, and remove the personnel authorized in the City's annual budget for the administrator's office in accordance with the ordinances, policies and procedures of the City." Page -2- SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a SECTION 4. That all ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all ordinances of the City of Coppell not in conllict with the provisions hereof shall remain in full force and effect. SECTION 5, This ordinance shall take effect immediately after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 14th day of December, 1999. CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CI'Ty~SECRETARY APPROVED AS TO FORM ROBERT E. HAGER, ATTORNEY (REH/PGS/¢db 11/08/99) (29316) Page -3-