O490 ORDINANCE NO. 490
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 14, "MUNICIPAL COURT," OF THE KENNEDALE CITY CODE, AS
AMENDED, CREATING THE OFFICE OF CITY MARSHAL; PROVIDING THE
DUTIES OF A CITY MARSHAL; PROVIDING THAT THE CITY MARSHAL
SHALL BE A PEACE OFFICER; REQUIRING A CITY MARSHAL TO TAKE AN
OATH OF OFFICE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Kennedale Municipal Court requires a law enforcement officer to serve
as bailiff and warrant officer, and to provide attendant law enforcement services; and
WHEREAS, State law requires that the position of City Marshal be created by ordinance;
and
WHEREAS, the City of Kennedale has previously enacted ordinances, now codified in
Chapter 14 of the Kennedale City Code of Ordinances, regulating the creation and the
maintenance of the Municipal Court; and
WHEREAS, in order to provide such law enforcement services in a safe and efficient
manner to the Municipal Court, the City Council of the City of Kennedale, Texas has determined
that the Office of City Marshal should be created.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1
Chapter 14 "Municipal Court" of the Code of Ordinances of the City of Kennedale, Texas
as amended, is hereby amended by adding a new Section 14-11 to read as follows:
Sec. 14-11. City Marshal
(a) There is hereby created the office of city marshal, to be filled by qualified persons
appointed by the municipal court clerk. The city marshal shall be certified as a peace
officer by the Texas Commission on Law Enforcement Officers Standards and
Education. There may be more than one city marshal appointed and employed at
any time.
(b) The city marshal, acting under the direction of the municipal court clerk, shall perform
the following duties:
1. Execute warrants of arrest, subpoenas, and legal process
issued by a judge of the municipal court;
1 Execute other warrants of arrest, subpoenas, and legal
process as determined by the municipal court clerk;
3. Serve as bailiff and security officer in the municipal court;
4. Other duties as assigned by the municipal court, such duties
not to be in conflict with provisions of this section.
(c) The city marshal shall serve as a peace officer with full police authority in the
exercise of assigned duties. The city marshal is a paid law enforcement officer for
the purpose of qualifying for survivor's assistance benefits under the provisions of
the Texas Government Code, Chapter 615. The city marshal is not a member of the
police department of the City; he/she shall not be assigned duties which are
presently assigned to the police department of the City.
(d) The city marshal shall take an oath of office before entering upon the discharge of
his/her duties. The oath shall be subscribed by the person taking it and shall be filed
and preserved in the personnel file of the city marshal. The form of oath shall be the
same as required for other appointed officials of the City.
SECTION 2.
This ordinance shall be cumulative of all provisions of the City of Kennedale, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of other
ordinances, in which event the conflicting provisions of the other ordinances are hereby
repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if a phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect
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 the unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 8th day of September 2011.
APPROVED:
ayor, Bryan Lankhorst
ATTEST:
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Amethyst Cir 0o, City Secretary Z
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