2005-025-ORD AMENDING ARTICLE I TO CHAPTER 18 OF CODE OF ORDINANCES OF COP TO ADD NEW SECTION 18-7
E !NO. 2005-025
AN ORDINANCE OF HE CIT COUNCIL OF THE CITY OF ARIS,
PARIS,TEXAS,AME INGAR IdLEITOCHAPTER180F H CODE
OF ORDINANCES OF HE CIT 0' PARIS, JUDICIAL DEP T' ENT,
TO ADD A NEW S CTION 8-1 THERETO ESTABLlS IN THE
POSITION OF BAlLI F; PRO IQING FOR THE DUTIE 0 ! SAID
POSITION; PROVIDI G FOR TIlE FUNDING OF SAID OS TION;
MAKING OTHER F DINGS ri PROVISIONS RELATE T THE
SUBJECT; AND PROV DING A EJi'FECTIVE DATE.
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WHEREAS, Article 102.017 of th T~xas Code of Criminal pro~dure ~uthorizes the
governing body of a municipality y ordinan e to 'create a municipal court build ng s ~urity fund and
to require defendants convicted 0 misdeme or offenses in the municipal co of s ld municipality
to pay a security fee as a cost of c urt; and, I
WHEREAS, the City Co cilofth City of Paris, Texas, has by priOI ord nance found at
Section 18-23 (a) (2) of the Code fOrdinan es 6reated the aforesaid security ee d security fund
in conformance with state law; d, !
WHEREAS, said securi fund ma be j.lsed and expended only on tJose @sts associated
with providing security services r buildin s hqusing a municipal court; andj
WHEREAS, among thos identifie permissible expenditures from sJid ; d is to pay the
cost of bailiffs or contract securi personne to provide appropriate security sfrvic s to the Court;
an~ I
WHEREAS, the City Co cil desir s to utilize the services Ofbaili~Wh possess those
certifications as required by law d the Ci Manager and Municipal Court udg and who will
report directly to the Municipal ourt Judg , and to fund the aforesaid baili pos (ions from the
Municipal Court Security Fund; d, I
WHEREAS, by utilizing the servi es <?f a separate full time bailif res onsible to the
Municipal Court Judge, the City olice Dep ment will no longer need to pro ide fliliff services;
NOW, THEREFORE,
BE IT ORDAINED BY HE CIT qOUNCIL OF THE CITY F PRIS, PARIS,
TEXAS:
Section 1. That the fmdin s set out i the!preamble to this ordinance art her by in all things
approved. !
Section 2. That Article I to Chapte 18! of the Code of Ordinances t th ,City of Paris,
entitled Judicial Department, shal be and is erelly amended to provide a new ecti; 18-7 thereto
creating the position of Municip Court B lift'; providing for the appointrn t 0 said bailiff( s),
!
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establishing the responsibilities
18-7 to read as follows:
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. ereof, and providing for funding for said poJitiOn ~), said Section
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"Sec.18-7 Municipal
(a) The City Manager sh 11 appoint ne (lr more Municipal Court Bail ffs,
serve on a full-time or a p time b is, With the appointment of said b 'liffi
made upon the recomme dation of e Municipal Court Judge.
(b) The duties and resp nsibilitie of~e bailiff shall be those s~e du /es and
responsibilities as fulfill d by bail'ffs pursuant to the Texas Codelof pminal
Procedure of the State of exas, incl ding any and all responsibilities jd \.ities as
shall be designated by the Municip ColJrt Judge.
o may
) being
(c) The bailiff or bailiffs appointed as provided herein shall in all ngs port to
and be subject to the excl sive supe ision of the Municipal Court Ju ge.
(d) As a prerequisite to erforming the responsibilities of bailiff as s t ou l1erein,
any person appointed a bailiff s all. have such minimum certi cati I1S and
prerequisites as shall be establishe by state law and by the City ana er and
Municipal Court Judge.
(e) All costs associated . th the se ices of one or more bailiffs, incl din
benefits, or other appropri te costs, s all ,be paid exclusively from fun s he
Municipal Court Building Security undas the same has been establis ed
to Section 18-23 (a) 2 of e Code 0 Ordinances of the City of Paris.'
: salary,
. inthe
suant
Section 3. That all ord' ances or paris of ordinances in conflict
expressly repealed to the extent 0 said co ict <i>nly.
Section 4. That if any sec ion, subse tion, paragraph, sentence, clause phr. e, or word of
this ordinance or the application t ereofto y phson or circumstance is held nval ~ by a court of
competent jurisdiction, such hold ng shall n t aJifect the validity of the remai 'ng prtions of this
ordinance, and the City Council h reby decl es that it would have passed suc rem ining portions
of this ordinance despite such inv lidity.
ec~me effective on July 1,2005,
PASSED AND ADOPT D this 13 day ofJune, 2005.
ATTEST:
APPROVED AS TO FORM: