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Ord. 0563 02-13-89ORDINANCE NO. 563 TY LISH NG NANCE STANDARDS CREING FOR HE OFFICE OF QUALIFICATIONCI OF MARSHAL, ITYY MARSHAL, PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIPAINN THE SCOPE A THE SAVINGS HAL'S CLAUSEUT AND TY; CONTAINING A A SEVERABILITY REPEEALING CLAUSE, CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION 1. There is hereby created the office of City Marshal of the City of Pearland, Texas. SECTION 2. The pay classification and job description shall be that which is adopted by City Council. The City Marshal shall be under the direct supervision of the City Manager, who shall be in charge of the City Marshal and shall oversee and supervise the City Marshal in the execution of his duties. The City Marshal shall serve and execute warrants of arrest, subpoenas and other legal process issuing out of any Municipal Court of the City. The City Marshal shall be the bailiff of the 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 and further duties as may be assigned by the City Manager. SECTION 3. 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 Article 4413(29aa) Texas Revised Civil Statutes Annotated and shall seek and receive such Peace Officer certi- fication within the time prescribed by Article 4413(29aa), Texas Revised Civil Statutes Annotated, as a necessary condition for continued employment as a City Marshal. The City Marshal shall serve as a peace officer and have full police authority in the exercise of his assigned duties. SECTION 4. No City Marshal is a regular member of the Police Department of the City within the meaning of the State laws governing such department as to Civil Service, minimum wages, hours of employment or pension. Neither shall any City Marshal be a paid law enforcement officer for the purposes of and within the meaning of Article 6228f of Texas Revised Civil Statutes Annotated. 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 may be placed in his hands to be served any Municipal Court which or executed. SECTION 5. The passage of this Ordinance shall not be construed nor interpreted to confer any vested tenure or term of office or employment upon any person or to impair the power of the City to suspend, terminate or discharge any person or to affect at any time a reduction in force or of payroll costs. SECTION 6. 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 7. All ordinances in force when this ordinance becomes effective and which ordinances are inconsistent herewith or in conflict with this ordinance are hereby repealed, insofar as said ordinances are inconsistent or in conflict with this ordinance. SECTION 8. The City Council of the City of Pearland, Texas does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this ordinance is declared invalid, or unconstitutional, by a court of competent jurisdiction, that, in such event it would have passed and ordained any and all remaining portions of this ordinance without the inclusion of that portion or portions which may be so found - 2 - to be unconstitutional or invalid, and declares that its intent is to make no portion of this ordinance dependent upon the validity of any other portion thereof, and that all said remain- ing portions shall continue in full force and effect. PASSED ON FIRST READING by the City Council of the City of Pearland, Texas, in regular meeting in the City Hall this 023 day of (//� , A.D., 1989. APPROVED this thee day of A.D., 1989. ATTEST: KAY KROCJSE, SECRETARY CITY OF PEARLAND PASSED ON SECOND the City of Pearland, this the 13 day of APPROVED this the A.D., 1989. ATTEST: the TOM REID, MAYOR CITY OF PEARLAND, TEXAS AND FINAL READING by the City Council of Texas,n in regular meeting in the City Hall `y , A.D., 1989. 43 day of uvc-e-14-14.-0-7. KAY KRiUSE, SECRETARY CITY OF PEARLAND APPROVED: ROBERT E. TALTON, ATTORNEY CITY OF PEARLAND „stip TOM REID, MAYOR CITY OF PEARLAND, TEXAS - 3 - P1:21