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ORD 2013-33 - Amending Ch 26 Law Enforcement ORDINANCE 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 111, 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 ac oodward, yor ATTEST: APPROV AS TO FORM: Ell Lee oodwar , City Secretary Le d Schneider, City Attorney