07-D Amd Sec 18-7- add Bailiff
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F:ATTORNEY\ORDWORK\CURRENT\ Amend Sec 18-7 to add Bailiff
May 10, 2005
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ARTICLE I TO CHAPTER 18 OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS, JUDICIAL DEPARTMENT,
TO ADD A NEW SECTION 18-7 THERETO ESTABLISHING THE
POSITION OF BAILIFF; PROVIDING FOR THE DUTIES OF SAID
POSITION; PROVIDING FOR THE FUNDING OF SAID POSITION;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Article 102.017 of the Texas Code of Criminal Procedure authorizes the
governing body of a municipality by ordinance to create a municipal court building security fund and
to require defendants convicted of misdemeanor offenses in the municipal court of said municipality
to pay a security fee as a cost of court; and,
WHEREAS,
the City Council of the City of Paris, Texas, has by prior ordinance found at
Section 18-23 (a) (2) of the Code of Ordinances created the aforesaid security fee and security fund
in conformance with state law; and,
WHEREAS,
said security fund may be used and expended only on those costs associated
with providing security services for buildings housing a municipal court; and,
WHEREAS,
among those identified permissible expenditures from said fund is to pay the
cost of bailiffs or contract security personnel to provide appropriate security services to the Court;
and,
WHEREAS,
the City Council desires to utilize the services of bailiffs who possess those
certifications as required by law and the City Manager and Municipal Court Judge and who will
report directly to the Municipal Court Judge, and to fund the aforesaid bailiff positions from the
Municipal Court Security Fund; and,
WHEREAS,
by utilizing the services of a separate full time bailiff responsible to the
Municipal Court Judge, the City Police Department will no longer need to provide bailiff services;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1.
That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2.
That Article I to Chapter 18 of the Code of Ordinances of the City of Paris,
entitled Judicial Department, shall be and is hereby amended to provide a new Section 18-7 thereto
creating the position of Municipal Court Bailiff, providing for the appointment of said bailiff(s),
establishing the responsibilities thereof, and providing for funding for said position(s), said Section
18-7 to read as follows:
“Sec. 18-7 Municipal Court Bailiff.
(a) The City Manager shall appoint one or more Municipal Court Bailiffs, who may
serve on a full-time or a part time basis, with the appointment of said bailiff(s) being
made upon the recommendation of the Municipal Court Judge.
(b) The duties and responsibilities of the bailiff shall be those same duties and
responsibilities as fulfilled by bailiffs pursuant to the Texas Code of Criminal
Procedure of the State of Texas, including any and all responsibilities and duties as
shall be designated by the Municipal Court Judge.
(c) The bailiff or bailiffs appointed as provided herein shall in all things report to and
be subject to the exclusive supervision of the Municipal Court Judge.
(d) As a prerequisite to performing the responsibilities of bailiff as set out herein, any
person appointed as bailiff shall have such minimum certifications and prerequisites
as shall be established by state law and by the City Manager and Municipal Court
Judge.
(e) All costs associated with the services of one or more bailiffs, including salary,
benefits, or other appropriate costs, shall be paid exclusively from funds held in the
Municipal Court Building Security Fund as the same has been established pursuant to
Section 18-23 (a) 2 of the Code of Ordinances of the City of Paris.”
Section 3.
That all ordinances or parts of ordinances in conflict herewith are hereby expressly
repealed to the extent of said conflict only.
Section 4.
That if any section, subsection, paragraph, sentence, clause, phrase, or word of
this ordinance or the application thereof to any person or circumstance is held invalid by a court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council hereby declares that it would have passed such remaining portions
of this ordinance despite such invalidity.
Section 5..
That this ordinance shall become effective on July 1, 2005
PASSED AND ADOPTED
this 13th day of June, 2005.
____________________________________
Curtis Fendley Mayor
ATTEST:
____________________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney