Ord. 1399 2009-07-27 - FailedFAILED
July 27, 2009
ORDINANCE NO. 1399
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND CREATING THE OFFICE 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; CONTAINING A REPEALING CLAUSE, A SAVINGS
CLAUSE AND;A SEVERABILITY CLAUSE AND PROVIDING FOR
CODIFICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION 1. That Chapter 18; Municipal Court, of the City Code of
Ordinances is hereby amended by adding Section 18-11 shall read as follows:
"Sec. 18-11. City Marshal; duties; qualifications; classification.
There is hereby created the office of City Marshal of the City of Pearland, Texas, to be
filled by qualified persons, appointed by and under the direct supervision of the City
Manager or the City Manager's designee. The City Marshal and all persons serving in
the capacity as city marshal or deputies thereof shall meet and maintain all
qualifications necessary to be certified as peace officers by the State of Texas. The City
Marshal shall serve and execute warrants of arrest, subpoenas, summons, and other
legal process issuing out of any Municipal Court of the City. The City Marshal shall also
serve subpoenas or other legal process issuing out of the Civil Service Commission, the
Council, any Board, Commission, or department requiring legal process for hearings,
condemnation hearings, and none other. The City Marshal shall additionally perform
such other duties as may be assigned by the City Manager or the City Manager's
designee. The City Marshal shall serve as a peace officer and have full police authority
in the exercise of his assigned duties. City Marshals and Deputy City Marshals are not a
member of the Police Department and shall not be covered under the municipal civil
service provisions of V.T.C.A., Local Government Code § 143.001 et seq.; however,
they are eligible for membership in the state municipal retirement system and are paid
law enforcement officers for the purpose of qualifying for survivors' assistance benefits
ORDINANCE NO. 1399
under the provisions of V.T.C.A., Government Code § 615.001 et seq. Nothing herein
provided shall prevent or in anywise inhibit any regular police officer of the City of
Pearland from serving or executing any process issuing out of the Municipal Court.
SECTION 2. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
SECTION 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
SECTION 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
PASSED and APPROVED ON FIRST READING this the day of
A. D., 2009.
TOM REID
MAYOR
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ORDINANCE NO. 1399
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the
day of , A. D., 2009.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY