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~
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