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ORD 1990-15TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. o 90-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CREATING A POLICE DEPARTMENT; PRESCRIBING THE POWERS AND DUTIES OF THE CHIEF OF POLICE AND POLICE OFFICERS OF THE TOWN; CREATING A RESERVE POLICE FORCE; ABOLISHING THE OFFICE OF TOWN MARSHAL AND CONFERRING THE DUTIES OF OFFICE OF TOWN MARSHAL ON THE CHIEF OF POLICE; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Town of Trophy Club, Texas (the "Town") is currently provided with police protection by Denton County under contract which expires September 30, 1990; WHEREAS, pursuant to Local Government Code, Section 341.021, the Town, Marshal is the ex officio chief of police of the Town; WHEREAS, the Town Marshal resigned his office on September 13, 1990, and the Town Council has accepted his resignation; WHEREAS, the office of Town Marshal is vacant and pursuant to Local Government Code, Section 22.076, the Town Council is authorized to abolish said office and confer the duties of said office on a municipal officer appointed by the Town Council; WHEREAS, the Town Council desires to create a police department of the Town, to be administered by a chief of police, as the chief law enforcement of the Town, and to create a police reserve for the Town; WHEREAS, the Town Council further desires to abolish the office of Town Marshal of the Town and to confer the duties of said office on the chief of police of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Creation of Police Department. There is hereby created a police department of the Town of Trophy Club, Texas, at the head of which shall be the chief of police. The police department shall be composed of the chief of the police department and other employees as the Town. Council may provide. Section 2. Standards. No person will be certified as a chief of police or police officer who has not complied with all requirements established by the State of Texas for peace officers and by the Town acting through the chief of police. Section 3. Chief of Police. (a) The chief of police shall be the chief law enforcement officer of the Town. He or she shall: (1) organize and administer the police department in conformity with the ordinances of the Town and the Constitution and laws of the State of Texas and the United States; (2) have immediate direction and control of the police department, subject to the supervision of the Town Administrator and such rules, regulations and orders as the Town Council may prescribe; (3) consistent with policies and procedures established by the Town Administrator and the Town Council, promulgate all orders, rules and regulations for government of the police force; (4) appoint and discipline police officers and other employees of the police department, who shall serve at his or her discretion; (5) have the same powers in the Town as the sheriff of Denton County for the prevention and suppression of crime, the arrest of offenders, the taking of bail and the execution of arrest warrants, search warrants and other writs; and (6) perform such other duties as may be required by the Town Council. (b) The chief of police shall be appointed by, and shall serve at the pleasure of, the Town Council, which may terminate his or her services at any time. Section 4. Duties of police officers. (a) The chief of police and all officers of the police department shall be, and they are hereby vested with all the power and authority given to them as peace officers under the laws of the state, the federal law, and the ordinances and regulations of the Town and it shall be the duty of each such officer: -2- 0765X (1) to use his or her best endeavors to prevent the commission within the Town of offenses against the laws of the state, the federal government and against the ordinances and regulations of the Town; (2) to observe and enforce all such laws, ordinances and regulations; (3) to detect and arrest offenders against the same; and (4) to preserve the public peace, health and safety. (b) All police officers shall execute any criminal warrant, warrants of arrest, any writ, subpoenas or other process that may be placed in their hands by duly constituted authorities. Section 5. Police Reserve. (a) There is hereby created an auxiliary police force to be known as the police reserve. (b) The chief of police shall be the head of the police reserve, and the members of the reserve shall be under the authority, control and command of the chief of police subject to all of the provisions of the ordinances of the Town and laws of this state. The chief of police may, by order, establish rules and regulations to govern the police reserve force, to fix specific duties of its members and to provide for the maintenance of discipline. He or she may change such orders from time to time, and may command members of the police reserve force to obey the instructions of regular police officers in carrying out their orders. (c) Members of the police reserve shall comply with the standards as set forth by the Texas Commission on Law Enforcement Officer Standards and Education prior to appointment. Additional standards may be set by the chief of police. (d) The duties of the police reserve force, subject at all times to the direction, supervision and control of the chief of police, shall be to assist the regular members of the police department in the enforcement of law and maintenance of peace and order during period of emergencies designated by the chief of police. All members of the police reserve force shall be subject to all rules, policies and regulations governing the conduct and operations of regular police officers. The chief of police may prescribe other duties than those mentioned herein to be performed by the police reserve force. -3- 0765X {e} Members of the police reserve shall be appointed by the chief of police, to serve at his or her discretion, and any member may resign from the police reserve at any time, but it shall be his or her duty to notify the chief of police of his or her resignation. Section 6. Town Marshal Abolished. The office of Town Marshal is hereby abolished, and the duties of such office are conferred on the chief of police. Section 7. Severability Clause. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions ,shall remain in full force and effect. Section 8. Effective Date. The effective date of this Ordinance is October 1, 1990. PASSED AND APPROVED bt e Town Council of the Town of Trophy Club, Texas this the day of September, 1990. ames P. Car er, Mayor, Town of Trophy Club, Texas ATTES`I,: Town\,&E`cretary, Town of Trophy Club, Texas APPROVED AS TO FORM: <-1)—'0 , 1 ; 0t"') � -"' Town Attprney, Town of Trophy Club, Texas --4- 0765X