HomeMy WebLinkAboutOrd 257-2006 Negotiation of Attorney's Fees.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 257-2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
PROVIDING FOR THE NEGOTIATION OF ATTORNEY'S FEES AND
ASSOCIATED COSTS IN RESPONDING TO INQUIRIES BY DEVELOPERS
AND OTHER COMMERCIAL LAND DEVELOPMENTS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna has received multiple inquires about
potential development projects and the construction of commercial and
residential properties, requiring the City to expend staff and city attorney time and
resources;
WHEREAS, the City of Anna is a rapidly growing small city that relies on
outside legal counsel for its city attorney services;
WHEREAS, the City of Anna does not have a city attorney on staff, and
retains an attorney on an hourly basis;
WHEREAS, the inquiries about potential development issues, including
those where no project is ever initiated, expends City funds and resources and
causes the City and city staff to expend time and money for staff time, city
attorney time and expenses, creating a significant burden on city staff, the city
budget and the taxpayers;
WHEREAS, to offset this burden, commercial developers who are in a
position to profit from a potential project should bear, in whole or in part, actual
expense incurred by the City in paying its city attorney for any assistance
required due to their inquiries and in meeting with developers and
representatives;
WHEREAS, every person, entity, developer or other interested party shall
have full access to the development ordinances and procedures adopted by the
City Council;
WHEREAS, this ordinance will not be used to prevent any interested
person from accessing ordinances and procedures adopted by the City Council
or submitting any document required or recognized under applicable procedures;
WHEREAS, this ordinance will allow recovery of attorney fees associated
with those proposed projects where preliminary inquiries and discussion require,
in the judgment of city staff, the City to expend city funds for assistance from the
city attorney;
WHEREAS, this ordinance establishes authority and general procedures
to obtain funds to cover the attorney costs and expenses associated with a
potential project affecting the City of Anna.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT
SECTION 1. AUTHORITY FOR ATTORNEY FEE AGREEMENTS
The City Manager is hereby authorized to negotiate any agreements he
deems appropriate to cover the City's attomeys' fees and costs related to a
person or entity making inquiry with city staff about a potential development
affecting the City of Anna, including but not limited to the proposed commercial
development of residential and/or commercial property. The City Manager may
negotiate for a pre -paid sum with that person or entity (hereinafter "developer')
that is intended to cover anticipated fees and costs incurred by the City in
consulting with and utilizing the services of the city attorney regarding the
developer and any potential development issues. The funds paid under such an
agreement will be held in a City account, to be applied to attorney's fees and
expenses actually incurred by the City, and related to the developer who paid the
funds. An initial amount may be subject to replenishment or other terms and
conditions as may be appropriate to allow for continued fees and costs to be
incurred.
SECTION 2. ATTORNEY-CLIENT RELATIONSHIP WITH CITY CONFIRMED
The city attorney's sole duty and relationship will be with the City and city
staff. Nothing in this ordinance or any agreement may affect the attorney-client
relationship between the city attorney and the City and city staff. No statements
by the city attorney may be relied upon by any third -party as legal advice or as an
official statement of the City. Third -parties should recognize and understand that
the city attomey's sole duty is to the City and to assist the city staff, which may
place the city attorney in an adverse relationship with a third -party making a
payment under this ordinance. No waiver of attorney-client communication,
attorney work product or other privileges is intended and no waiver may be
implied or inferred.
SECTION 3. ACCOUNTING OF FUNDS
For each agreement negotiated pursuant to the authorizations of this
ordinance, the City shall deposit the funds into an account of the City. The city
attorney shall submit separate statements for time associated with a matter
related to a developer who has entered an agreement made pursuant to this
ordinance. The city attomey shall charge his standard fees and expenses, and
shall be paid monthly by the City. City staff, if funds paid to the City are depleted
and not subject to an agreement to be replenished, may negotiate for additional
funds and agreements. If funds under such an agreement are depleted, and no
additional funds are obtained, the city attomey shall be paid out of general funds
of the City. Any unused funds attributed to the developer shall be returned at the
later of the completion of any proposed project that is undertaken or the
developer provides written notice to the City Manager that the inquiry of any
potential project is closed and requests that all unused funds be returned. The
City shall be provided sufficient time to request and receive all final bills from the
city attorney, pay all bills and accounts subject to the funds, and to make an
accounting of the funds, if any, to be returned. It is the intent of this ordinance
that the City Manager is authorized to enter separate agreements with different
developers. Each set of funds will be allocated to the developer who paid the
funds and will be accounted for separately.
SECTION 4. SEVERABLITY
If any section or provision of this ordinance or the application of that
section or provision to any person, firm, corporation, situation or circumstance is
for any reason judged invalid, the adjudication shall not affect any other section
or provision of this ordinance or the application of any other section or provision
to any other person, fine, corporation, situation or circumstance, and the City
Council declares that it would have adopted the valid portions and applications of
the ordinance without the invalid parts and to this end the provisions of this
ordinance shall remain in full force and effect.
SECTION 5. CONFLICTING ORDINANCES REPEALED
All ordinances, parts of ordinances, resolutions, or policies of the City of
Anna in conflict, or to come in conflict with this ordinance are expressly repealed
to the extent of such conflict.
SECTION 6. EFFECTIVE IMMEDIATELY UPON PASSAGE
This ordinance shall take effect immediately from and after its passage
and approval, and it is so ordained.
PASSED by the following vote of the City Council on this the 28th day of
Februarv. 2006.
AYES 5
NAYS 0
ABSTENTIONS 0
ATTEST: APPROVED
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�''A � retary, Natha Wilkison ayor, Kenneth Pelham