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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: Old. 544-2011 Legal proceedings PAGE 1 OF3 04-28-11 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. Old. 544-2011 Legal proceedings PAGE20F3 04-26-11 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: Ord. 544-2011 Legal proceedings PAGE30F3 04-26-11