HomeMy WebLinkAboutOrd 544-2011 Authorizing City Attorney-Legal Proceedings.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 544-2011
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
ATTORNEY TO FILE, PROSECUTE, AND OTHERWISE APPEAR AND
PARTICIPATE IN LEGAL PROCEEDINGS AS NEEDED TO PROTECT THE CITY'S
PROPERTY, MINIMIZE THE CITY'S LIABILITIES, AND PROMOTE AND PRESERVE
THE CITY'S LEGAL RIGHTS AND OBLIGATIONS; MODIFYING PRIOR ACTS;
DIRECTING CITY PERSONNEL TO ASSIST THE CITY ATTORNEY; PROVIDING
FOR SAVINGS, SEVERABILITY AND REPEALING CLAUSES; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas City Council ("City Council") recognizes that the
City of Anna, Texas ("City"), as a home-rule municipality corporation and political
subdivision of the State of Texas, is a jural entity that can prosecute and defend itself in
all manner of legal proceedings including but not limited to litigation; and
WHEREAS, the City Council recognizes that in order to preserve the City's legal rights,
it is sometimes necessary to file and prosecute lawsuits in the name of the City; and
WHEREAS, the City Charter establishes the office of City Attorney, who is responsible
for serving as legal advisor to the City Council and representing the City in litigation and
legal proceedings under the direction of the City Council and City Manager; and
WHEREAS, the City Council recognizes that effective protection of the rights of the City
and its citizens requires the timely filing of or appearance in civil lawsuits, or initiation of
other legal proceedings, in advance of regulatory, statutory, or contractual deadlines in
order to avoid the forfeiture of rights; and
WHEREAS, the City Council understands that requiring the City Attorney to receive
advance authorization prior to taking any action to initiate or participate in legal
proceedings on the City's behalf could negatively impact the City's ability to protect its
rights; and
WHEREAS, the City Council finds that such risks can be largely reduced or eliminated
by a limited grant of authority to the City Attorney to initiate or otherwise participate in
legal proceedings on the City's behalf;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
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Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein by reference as if fully set forth for
all purposes.
Section 2. Prior Ordinances & Resolutions Modified
To the extent that any prior act by this City Council prevents, precludes, obstructs, or
prohibits the City Attorney from exercising the authority granted by Section 3 of this
ordinance, the City Council hereby rescinds, modifies, and amends any and all prior
ordinances or resolutions to the minimum degree required to allow this ordinance to
accomplish the goals set forth in the recitals above and the provisions hereof.
Section 3. Authority to Initiate Civil Lawsuits and Other Legal Proceedings
Granted to City Attorney
To the extent permitted by law, the City Council hereby authorizes-without the need for
individualized approval-the filing and prosecution of civil lawsuits and other legal
actions by the City Attorney to protect the rights and interests of the City of Anna. This
grant of authority includes all other ancillary and related actions necessary to finalize,
act under, and carry out the purposes of this ordinance. This ordinance is specifically
intended to satisfy the requirements of Rule 12 of the Texas Rules of Civil Procedure
and other similar procedural rules and laws requiring authority to act on the City's behalf
in any and all legal proceedings.
Section 4. Directive to City Personnel
City personnel are hereby instructed to take all steps necessary to assist the City
Attorney in the exercise of the authority granted by this ordinance. This includes, but is
not limited to: provision of requested documents or information to the City Attorney;
payment of fees such as filing fees, jury fees, and other court costs; and attendance at
depositions, interviews, or investigatory meetings.
Section 5. City Retains Control Over Course of Proceedings
Other than as described in Section 3 above, this ordinance does not alter the attorney
client relationship between the City and the City Attorney. The City Council shall at all
times retain its authority over the objectives and general methods of representation and
the acceptance or offer of settlement of a matter. The City Council may direct the City
Attorney to cease pursuit of any legal claim initiated without specific advance
authorization, and upon receipt of any such direction the City Attorney shall take
appropriate action as required by the Texas Disciplinary Rules of Professional Conduct
and other applicable law in accordance with the directives of the City Council.
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Section 6. No Waiver of Liability.
Nothing in this ordinance is intended to waive the City's immunity from suit, immunity
from liability, limitations on damages, or any similar immunities, rights or privileges, and
the City expressly reserves and retains all such immunities and limitations to the fullest
extent provided under applicable law.
Section 7. 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 8. Effective Date
This ordinance shall become effective immediately upon passage by the City Council.
PASSED AND APPROVED by the City Council of Anna, Texas, this the 26th day of
April, 2011.
ATTEST: APPROVE:
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