ORDINANCE NO. 03-A14-2024

AN ORDINANCE OF THE CITY OF RISING STAR, TEXAS DlSESTABLISHING THE CITY OF RISING STAR POLICE FORCE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE;

          WHEREAS, the City of Rising Star (the “City”) is a Type A general-law municipality, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and

          WHEREAS, the City Council has entered into an interlocal agreement (the “Agreement”) with the Eastland County Sheriffs Department to provide law enforcement services for the City on or about February 1, 2024; and

          WHEREAS, pursuant to Chapter 341 .00 I of the Local Government Code, the City has the power to establish and disestablish a municipal police force; and

          WHEREAS, the City Council finds that the City’s municipal police force and department is no longer needed in light of the Agreement for law enforcement services with the Eastland County Sheriff’s Depa11ment and the City desires, by this ordinance, to disestablish the Rising Star Police Department; and

          WHEREAS, the City Council finds that this ordinance is in the best interests of

the health, safety and welfare of its citizens.

 

          NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RISING STAR, TEXAS:

SECTION l. DISESTABLISHMENT OF CITY POLICE DEPARTMENT AND FORCE.

 

          (a)  Effective on the adoption of this ordinance, the City hereby disestablishes its municipal police department.

          (b)  The City Council hereby reserves its authority to reestablish its police department should it desire to do

 

SECTION 2. CUMULATIVE REPEALER CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the City of Rising Star, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

 

SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

 

SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, and it is so ordained.

 

PASSED AND APPROVED on this the 14th day of March, 2024.

Signed:     Jim L. Carpenter, Mayor

Attest:

Jan Clark, City Secretary/Administrator