Ord. 2013-33 - reaffirmation of legitimacy of Police Dept., signed 8-6-13ORDINANCE NO. 2013-33
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 26 "LAW ENFORCEMENT "; MAKING
OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, There is documentation of the regulation of police and the preservation of order dating back
to the incorporation of the Town of Huntsville in 1845 as a town in the Republic of Texas, and
WHEREAS, There is documentation of the Town of Huntsville having the power to appoint patrols
dating back to the incorporation of the Town of Huntsville in 1852 as a town in the State of Texas, and
WHEREAS, the City Charter was adopted in 1968 and Article III, Section 3.01 of the Charter stated that
the City had the powers enumerated in Article 1175 of the Texas Revised Civil Statutes (1925), and
WHEREAS, Article 1175 as it then existed, Section 27, gave home rule cities the power to provide for a
police department, and
WHEREAS, The Texas Local Government Code currently authorizes home rule cities to provide for a
Police Department, and
WHEREAS, the City of Huntsville has continuously provided for a police department by the authority
granted by statute and the Charter and by adoption of the City budget, and
WHEREAS, The Police Department is actively engaged in pursuing "Recognized" status from the Texas
Police Chief's Association's Law Enforcement Best Business Practices Recognition Program, and
WHEREAS, The standards of the Recognition Program require explicit language providing for a police
department and the authority and responsibility of both Officers and the Chief of Police, rather than
reliance upon the Powers provided in some City Charters, and
WHEREAS, The City Council of the City of Huntsville, Texas now wishes to amend Chapter 26 of the
Code of Ordinances to provide language reaffirming the prior establishment of and provision for the City
Police Department and provide language reaffirming the authority and responsibility of both Officers and
the Chief of Police; and
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same
at the place reserved and designated for notices of public meetings and public activities and prior to the
adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF HUNTSVILLE, TEXAS:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and
correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 26 "LAW ENFORCEMENT" is hereby amended
by adding sections 26 -1 through 26 -4 to Article I, said sections that are being adopted are attached hereto
as Exhibit "A ".
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged
or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as
a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or
unconstitutional.
SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of
passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
First Reading Date: July 16, 2013
PASSED AND APPROVED on the Second Reading on this the 6"' day of August 2013.
THE CITY OF HUNTSVILLE
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ac oodward, yor
AS TO FORM:
Le*#d Schneider, City Attorney