HomeMy WebLinkAboutOrdinance 9111* ;~~ _~ _.
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ORDINANCE NO. ql~~
AN ORDINANCE AMENDING SECTIONS 12-33 THROUGH 12-35 OF
ARTICLE III, CHAPTER 12, "COURTS," OF THE FORT WORTH CITY
CODE, AS AMENDED, BY CHANGING THE DESIGNATION OF MUNICIPAL
COURT WARRANT OFFICERS TO CITY MARSHALS; PROVIDING FOR THE
APPOINTMENT OF THE CITY MARSHAL AND DEPUTY CITY MARSHALS
BY THE MUNICIPAL COURT ADMINISTRATOR; PROVIDING THAT PER-
FORMANCE OF DUTIES BY THE CITY MARSHAL AND HIS DEPUTIES
SHALL BE UNDER THE DIRECTION OF THE MUNICIPAL COURT
ADMINISTRATOR; PROVIDING A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEAL-
ING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVID-
ING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Sections 12-33 through 12-35 of Article III, Chapter 12,
"COURTS," of the Fort Worth City Code, as amended, are hereby
amended to read as follows:
"Sec. 12-33. City Marshal
"There is hereby created the position of City
Marshal, to be filled by a qualified person appointed by
the Municipal Court Administrator, who shall also appoint
such deputies as are authorized from time to time. The
City Marshal and his deputies shall meet all qualifica-
tions necessary to be certified as peace officers by the
Texas Commission on Law Enforcement Officer Standards and
Education; however, the City Marshal and his deputies
shall not be considered as 'Policemen' as that term is
defined in Article 1269m, T.R.C.S.
"Sec. 12-34. Duties of the City Marshal
"The City Marshal and his deputies, acting under the
direction of the Municipal Court Administrator, shall per-
form the following duties:
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"(a) Execute warrants of arrest, subpoenas, and
other legal process issuing out of the Municipal Courts;
"(b) Execute other warrants of arrest, subpoenas,
and legal process as determined by the Municipal Court
Clerk or Deputy Court Clerk;
"(c) Perform such duties as delegated by the
Municipal Court Administrator.
"Sec. 12-35. The City Marshal's Authority
"(a) The City Marshal and his deputies shall serve
as peace officers and have full police authority in the
exercise of their assigned duties.
"(b) The City Marshal and his deputies are not mem-
bers of the Police Department of the City; however, they
are eligible for membership in the Employees' Retirement
Fund of the City of Fort Worth. The City Marshal and his
deputies are paid law enforcement officers for the purpose
of qualifying for survivors' assistance benefits under the
provisions of Article 6228f, as amended, Vernon's Texas
Civil Statutes."
SECTION 2.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964), as
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amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption in the
minutes of the City Council and by filing the ordinance in the ordi-
nance records of the City.
SECTION 5.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ~ ~3 _g
ADOPTED: ~ ,~J -027-0
EFFECTIVE: ~/~%Z.
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LAW 1
DATE REFERENCE SUBJECT Amendment to City Code, PAGE
COURT ADMIN.B NUMBER
Chapter 12, Article III, Sections {or 1
5/29/84 **G--6009 12-33 through 12-35 _
Background
On February 17, 1981 (M&C G-4865), the City Council adopted Ordinance No. 8270,
which amended Chapter 12, "Courts," of the Code of the City of Fort Worth, Texas
(1964), as amended, by adding Article III, Sections 12-33 through 12-35. That
ordinance gave to the Municipal Courts the authority to hire and train Warrant
Officers, with these officers to be certified peace officers, but not members of
the Police Department, and set forth duties of the Warrant Officers.
To meet legal requirements, Article 2.12, Texas Code of Criminal Procedure, to
be in compliance with licensing requirements of the Texas Commission on Law
Enforcement Officer Standards and Education and to eliminate identification
confusion with other law enforcement agencies, it is recanmended that the afore-
mentioned ordinance be modified by changing the designation of Warrant Officer
to that of City Marshal. The Municipal Court Administrator shall appoint the
City Marshal and such deputies as are authorized from time to time. Duties of
the City Marshal and deputies will be performed under the direction of the
Municipal Court Administrator. All other provisions of Ordinance No. 8'L70 shall
remain the same.
Financing
This action will not require any addi tional funding .
Recommendation
It is recommended that the City Council adopt the attached ordinance which
amends Sections 12-33 through 12-35 of Article III, Chapter 12, "Courts," of the
Code o.f the City of Fort Worth by changing the designation of "Warrant Officers"
to "City Marshals."'
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Attachment
APPROVED BY
CITY COUNCIL
MAY ?~ -984
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Cite of ~ ,j~;~ ,~
Sl1BMITTED FOR THE v / DISPOSITION BY COUNCIL. PROCESSED BY
CITY MANAGER'
(1FFICE BY 1 _(, T~`.?L~i< O APPROVED
ORIGINATING ~ [] OTHER (DESCRIBE)
DEPARTMENT HEAD Dlanna Heiner /~/j CITY SECRETARt
FOR ADDITIONAL INFORM~T~Ollh Grace Ext 7500 ~dOpted Ordmanee Noy L.-./_! ~// ~.< DATE
CONTACT ~~i __