HomeMy WebLinkAboutOrd 516-2010 Approving City Attorney's Selection of Additional Attorneys.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 516-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AUTHORIZING AND
APPROVING THE CITY ATTORNEY'S SELECTION OF AN ADDITIONAL
ATTORNEY(S) TO ASSIST IN REPRESENTING THE CITY IN LEGAL MATTERS IN
ACCORDANCE WITH THE CITY'S HOME RULE CHARTER
WHEREAS, the City of Anna, Texas City Council ("City Council") has determined
that from time to time the City Attorney may find that it is reasonable and necessary
for the City to retain the services of one or more additional attorneys to assist in
representing the City with respect to legal matters; and
WHEREAS, the City Council has further determined that Section 4.04(e) of the City
of Anna, Texas Home-Rule Charter ("Charter") allows the City Council to approve
and authorize the City Attorney's selection of one or more additional attorneys to
assist in representing the City in any matter; and
WHEREAS, the City Council has further determined that its action to authorize the
City Attorney to retain additional attorneys to represent the City, subject to certain
conditions. is necessary to ensure that the City may act quickly and efficiently to
obtain adequate legal services to protect and advance the City's legal interests; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The findings, determinations and recitals set forth above are incorporated into
this ordinance as if set forth in full for all purposes.
Section 2. Authority of City Attorney to Retain an Additional Attorney(s).
(a) The City Council hereby authorizes the City Attorney to select one or more
additional attorneys-and approves of any such selection-to assist in
representing the City in any matter, provided, however, that:
(1) under no circumstances may the City Attorney receive a referral fee or
other remuneration solely for referring any part of the City's legal work
to an attorney outside the offices of the City Attorney;
(2) before retaining any additional attorney(s). the City Attorney must
provide written notice to the City Manager; and,
Oro. 516-2010 AuthoriZing additional attomey's.doc PAGE 1 OF2 10-26-10
(3) the City Council shall at all times have the authority to rescind its
approval of any attorney(s) that have been selected by the City
Attorney and this ordinance does not in any manner diminish the City
Council's authority to retain special counsel when it deems necessary
and appropriate under Section 4.04(c) of the Charter.
(b) The City Attorney shall further have the authority to terminate the services of
any additional attorney(s) retained under this ordinance.
Section 3. Authority of Additional Attomey(s).
Once one or more additional attorneys are retained on behalf of the City by the City
Attorney under this ordinance, such additional attorney(s) shall have the City's
authority to act on behalf of the City, subject to the direction of the City Attorney,
and such authorization is intended to satisfy all legal requirements for proper
authority to act, including but not limited to Rule 12 of the Texas Rules of Civil
Procedure, as amended.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be held
to be invalid or unconstitutional, the remainder of such ordinance shall continue in
full force and effect the same as if such invalid or unconstitutional provision had
never been a part hereof. The City declares that it would have passed this
ordinance, and each section, subsection, clause, or phrase thereof irrespective of
the fact that anyone or more section, subsection, sentence, clause, and phrase be
declared unconstitutional or invalid.
Section 5. Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, on this the 26th day of
October, 2010.
ATTEST:
10-26-10