18-98 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-98
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING IN ITS ENTIRETY DIVISION 2, "MARSHAL," OF
ARTICLE 9.02, "LAW ENFORCEMENT," OF CHAPTER 9, "PERSONNEL," OF
THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; MAKING
FINDINGS RELATED THERETO; PROVIDING REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Division 2, "Marshal," of Article 9.02, "Law Enforcement," of Chapter 9,
"Personnel," of the Code of Ordinances of the Town of Prosper provides, in part, for the election
of a Town Marshal who serves a two-year term, and said Division further provides for the duties
of a Marshal, which duties include those currently performed by police personnel; and
WHEREAS, the Town has not had and does not have an elected Marshal and to the best
of the Town's information, such position, as described in said Division, has not been occupied for
years; and
WHEREAS, it is the desire of the Town Council of the Town of Prosper, Texas, to repeal
said Division in its entirety and hereby provides that if and when marshal services are needed,
the Town Council may make such appropriation for retaining a marshal and the Town Manager
shall prescribe the duties for such position.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are hereby found to be true and correct and are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Division 2, "Marshal," of Article 9.02,
"Law Enforcement," of Chapter 9, "Personnel," of the Town's Code of Ordinances is repealed in
its entirety.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section -subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid b a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF DECEMBER, 2018.
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ray Smith, Ma or
Ordinance No. 18-98, Page 2