HomeMy WebLinkAboutR88-141CITY ATTORNEY - CONTRACT
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RESOLUTION NO. R88-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT FOR SERVICES WITH THE
CITY ATTORNEY.
WHEREAS, David A. Blackburn was appointed City Attorney,
for the City of Plainview, Texas, on May 10, 1988; and
WHEREA~, David A. Blackburn is willing to make a three year
commitment to serve the City of Plainview as their City
Attorney; and
WHEREAS, the contract, establishing the terms of the
commitment, are attached and made a permanent part
Resolution. of this
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Plainview, Texas that the Mayor is hereby authorized to
execute the attached contract establishing a commitment for
service from City Attorney David A. Blackburn to the City of
Plainview. ·
I Carla J. Reese, City Secretary for the City of Plainview,
hereby certify that the above Resolution was adopted by the
Plainview City Council on May 10, 1988.
Carla J. ReUse, City Secretary
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STATE OF TEXAS
COUNTY OF HALE
AGREEMENT FOR LEGAL SERVICES -
CITY ATTORNEY
This Agreement, entered into this the 10th of May ,
1988, by and between the City of Plainview, a" Municipal
Corporation of the State of Texas, County of Hale, hereinafter
referred to as "City", and David Alan Blackburn, an Attorney at
Law of Hale County, Texas, hereinafter referred to as "Attorney,,.
WHEREAS, Resolution No. R88-151, a Resolution of the City
Council of the City of Plainview, Texas authorizes the Mayor to
execute a contract for services with the City Attorney; and_.
WHEREAS, Section 23 of the Charter of the City of Plainview
provides that there shall be a City Attorney for the City of
Plainview to represent the City in all cases brought for and
against said City in the courts of the State of the Courts of the
United States, in the Courts of Hale County and in the Corporation
Court of said CiTy, and
WHEREAS, Section 23 of the Charter of the City of Plainview,
Texas provides that the City Attorney shall be the legal advisor
of the Mayor and members of the City Council and other officials
of the City in respect to any legal question involving an official
duty or any other matter pertaining to the affairs of the City of
Plainview;
NOW, THEREFORE, the City of Plainview engages and contracts
with Attorney to render and perform legal services to the City in
and for compliance with Section 23 of the Charter of the City of
Plainview.
WITNESSETH:
The City agrees to pay Attorney such salary as
by the City 'Council.
may be fixed
II.
This Agreement shall be in accordance with the terms and
provisions of the Charter of the City of Plainview and the Code of
the City of Plainview. Section 23 of the Charter of the City of
Plainview is attached hereto as "Exhibit A" and incorporated by
reference herein as if fully set forth. '
III.
Attorney agrees to a three year commitment of services to the
City. Said commitment shall be subject to the City Council's
pleasure and does not abrogate Attorney,s at-will employment.
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IV.
This instrument contains the entire Agreement between the
parties relating to the rights here and granted on the obligation
herein assumed, except for the relevant provisions of the Charter
of the City of Plainview and the Code of the City of Plainview.
Any oral representations or revocations concerning this instrument
shall be of no force or effect, excepting modification and/or
termination with the consent of both parties. This section shall
be subject to the provisions of Article III.
Executed by the parties hereto on
above.
CITY OF PLAINVIEW
BY:
E.V. ( GENE ) RIDLEHUBER, Mayor
day and year first written
Attorney
DAVI~ALAN BLACKBURN
ATTEST:
BY:
CARLA REESE, City Secretary
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C~ARTER
§ 23
twenty-five years 'Of ..age and shall have had-five years
actual experience-in the'practice of medicine. He'shall be in
charge of the 'sanitary: affairs 'of the City and it shall be his
duty, under the direction of 'the Council to see that all
ordinances affecting, the sanitary .condition of the City are
enforced. He is vested .with authority to enter any premises
within said. City'at ali reasonable hours of the day for the
purpose .of inspecting 'th~. same; 'He shall inspect all dairies,
slaughter . houses, restaurants, grocery- 'stores, stands,
wagons or '.other establishments or .places of .business of
whatsoever nature, whether, located' w/thin or without the
corporate limits of the City, provided any of the inhabitants
of' the said. City are-supplied-with provisions, goods or
products from Said 'establishments or places of business, and
see that said Provisions, goods and products offered for sale
are kept in a sanitary condition, and that the premises of
said establishment and places of'business are kept and
maintained in a healthful and sanitary condition in
accordance with the-Charter and. ordinances of the City and
the laws of 'the State.' He shall be 'vested with authority to
condemn and destroy all. meats, 'fish, vegetables, fruit, milk,
butter, cream 'and 'other articles within said City which are
found in an unwholesome and'impure and unsanitary
condition.:He shall further have authority to quarantine all
persons and pFemises.'infected or exposed to any contagious
or infectious disease .. or m~[ke further regulations under the
direction of' the Council'. necessary or expedient in the
preservation of health 'and the suppression of contagious
and infectious' diseases, and he shall perform such other and
further duties as the Council may prescribe. He shall receive
a salary to be fixed-by.'the 'Council as herein before
provided, payable in monthly installments.
Section 23. Same--City attOrney.
The City Attorney shall be a qualified voter of the City of
Plainview, shall be at least twenty-five years of age, and
shall be a regular licensed .attorney at law with at least four
years actual practice and shall .not be in arrears in the
payment of any taxes or other liabilities due the City. It
shall be the duty of the City Attorney to represent the City
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EXHIBIT "A'"
in all cases brought for 5r against 'said CitY. in' the courts of
the State or the courts·of the .united. States, in the'courts of
Hale County'-and' .in ..the. corporation court of said City,
unless he is disqualified from representing the City in any
particular Suit filed 'in said coUrts, in whfch event he shall
make known such fact to the ·City Council. It shall also be
hfs duty to draft .all .proposed ordinances and copies of
franchises, ar/d to'inspect and 'pass upon all papers,
documents, - ....
contracts and' other instruments in which the-
City may be interested~' He shall' be the legal advisor of the
Mayor and members of the City Council and other officials
of the City with respect to any legal question involving an
official duty or any. other matter pertaining to the affairs of
the City 'of Plainview! .When requested by the' MaYor or City
Council or any' member .thereo£~: he shall orally or in
writing,· give .legal advice on all questions that may be
referred to hfm, and shall also advise the officers of the City'
when he may be Called on for saldadvice. He shall have the
right· to administer 'all oaths in'matters pertaining to his
duty, or the. filing, of complaints in..the corporation court of
safd City. He 'shall hold 'his office-for· a period of two years
and shall receive-such salary and fees. of office, or both, as
may be fixed 'by the City'Council.
Section 24..Management ' ~' '"'"
'and control of finances.
The City Council shall 'hav~i.the management and Control
of .the finances and other property;real, persona] and mixed
belonging to the' City,-and shall have power to appropriate
money and Provide for .the payment of debts and expenses
- of the City and to Provide .by' ordinance' or resolution special
funds for special purposes,· and to make same disburseable
only for the purpose for which the fund was created, except
as the Council may otherwise order by
resolution, as the'different funds may require, ordinance or
or to equalize
the different funds or to correct errors in apportionment of
the funds, and may. annually ·'by ordinance provide for the
*Code reference~Taxafion, Ch. 30. '
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EXHIBIT