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HomeMy WebLinkAboutR87-260RESOLUTION NO. R87-260,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES TO BE PROVIDED TO THE CITY OF PLAINVIEW. WHEREAS, Section 23 of the Charter of the City of Plainview, Texas, provides that there shall be a city Attorney for the City of Plainview to represent the City in all cases brought for and against the City in the Courts of the State and in 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 official of the city in respect to any legal question involving an duty or any other matter pertaining to the affairs of the City of Plainview. NOW THEREFORE BE IT RESOLVED by the City Council of the city of Plainview, Texas, that Mayor is hereby authorized to enter into an Agreement with Mr. Tom Hamilton in fulfillment of Section 23 of the Charter. I Sheryl Owen, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on the 23rd day of June, 1987. ~.~y~ OWEN, City Secretar~ STATE OF TEXAS COUNTY OF HALE ~ ~GP~E)~T FOR LEGAL SERVICES This Agreement, entered into this the 23rd of June , 1987, by and between the City of Plainview, a Municipal Corporation of the State of Texas, County of Hale, hereinafter referred to as "City", and Tom Hamilton, an Attorney at Law of Hale County, Texas, having his principal office and place of business in the City of Ptainview, hereinafter referred to as ,,Attorney". 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 sea--vices to the City in and for compliance with Section 23 of the Charter of the City of P!ainview. The City agrees to pay Attorney as compensation for his services at the rate of $90.00 per hour for' legal services rendered in compliance with this Contract and Section 23 of the Charter of the city of Plainview. Said compensation is to be paid by the City upon monthly bills rendered by Attorney to the city. 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. I of 2 III This Agreement shall not written consent of the city. be assigned by Attorney without the IV. This Agreement may be terminated by either party with sixty days (60) written notice to the other party° Attorney shall not terminate this Agreement. if at such time termination will prejudice the legal rights, duties, or obligations of city. 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 in writing, signed by both parties. Executed by the parties hereto on of. CITY OF PLAINVIEW BY: E.V. (GENE) RIDLEHUBER, Mayor day and year first written ? Attorney // ~~. ~ TOM HAMILTON ATTEST: BY: L~O~qE~, city Secretary CHARTER § 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 ithe 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 al} reasonable hours of the day for the purpose ~of inspecting the 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'' within or without the corporate F~mits of the city, provided any of the inhabitants of' the .said City a~e' 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' premises 'infected or exposed to any contagious or infectious disease or make 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--Cit~ 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 reguiar 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 19 EXHIBIT § 23 . pLAINVIEw C~)DE in all caseS, brought for Or-agains 'said City 'in the courts of the State or the courts of the LIi~ited-States, in the'courts of Hale 'County~ and .in .the .cOrporation court of said City, unless he is disqualified frorn.repr~senting the City in any particUlar Suit filed in said' c~iirts, in which event he shall make known such fact to the'City Council. It shall also be his duty to draft .fall preposed ordinances and copies of franchises, and to-inspect, and pass upon ali papers, documents, contracts and-.' other, instruments · in which the City may be interested~' I-Ie shall be the legal advisor of the Mayor and'members Of'the City CoUn.cil 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 ]~hereo.f;~ he shall ~ orally or in writing,'~ give. legal advice on all.' queStiOns that may be referred to him, and.' shall also .-advise the officers of. the City' when he may. be called 'On fOr said.advice. He shall have the right, to administer'.all oaths in-mat~ers pertaining to his duty, or the filing of complaints in~. the corporation court of said 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 CitYCouncil~ [ARTICLE IV. FINANCE AND' TAXATION]* Section 24. Management'and.contro! of finances. The city Council shall ~have .the management and control of the finances and .other propert~ real, personal 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 ordinance or resolution, as the'different funds may require, 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~Taxation, Ch. 30~ 2O E X.H IB I T "' A"