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HomeMy WebLinkAboutOrdinance No. 00-1179 ORIGINAL ORDINANCE NO. t90./I?~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR THE APPOINTMENT OF A CITY ATTORNEY; PROVIDING FOR CONTRACTUAL AGREEMENT; PROVIDING FOR TI-[E APPOINTMENT OF AN ASSISTANT CITY ATTORNEY; REPEALING PREVIOUS ORDINANCES IN CONFLICT; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1. That the CITY OF THE COLONY shall appoint a City attorney to serve and act on behalf of the CITY OF THE COLONY at their direction and in their interest in all matters requiring legal representation or for the purpose of rendering opinions to the Governing Body at their request on matters concerning litigation or possible litigation or on matters which are, in the opinion of the Governing Body, of a legal nature. Further, the City Attorney shall advise the Planning and Zoning Commission, Board of Adjustments, and other city agencies, boards, commissions, and officers at the request of the Governing Body of the City. The appointment of the City Attorney shall be by majority vote of the Governing Body and shall be for renewable terms of one year each, beginning with the date of execution of an employment contract between the City and the City Attorney and the City Attorney shall be automatically deemed reappointed by operation of law if notice of termination is not given by either party sixty (60) days prior to the expiration of any term. Either the CITY OF THE COLONY, upon a majority vote of the Governing Body, may terminate this appointment during or within a term of office or the City Attorney may resign within or during a term of office pursuant to terms or conditions set out in a contract of employment negotiated between the City Attorney and the Governing Body, or in the absence of such contract, upon good cause, by providing thirty (30) days written notice. 2. The services of the City Attorney being professional in nature, the level and manner of compensation paid to the City Attorney shall be determined by contract between the City Attorney and the CITY OF THE COLONY. The nature and direction of the legal representation or services to be performed shall be at the sole discretion of the Governing Body of the CITY OF THE COLONY, subject to the requirements of law. 3. The CITY OF THE COLONY shall appoint an Assistant City Attorney, with the advice and consent of the City Attorney, whose term shall be concurrent with that of the City Attorney and shall expire or terminate upon the expiration or termination of the term of office of the City Attorney unless sooner terminated by the City Attorney pursuant to this ordinance or the contract for services between the City Attorney and the Governing Body. The Assistant City Attorney shall serve under the control, supervision and at the pleasure of the City Attorney and shall, under the direction of the City Attorney or in the event of the absence of the City Attorney or should the City Attorney otherwise be unable, act in the same capacity and for the same purposes as the City Attorney. All services by said assistant City Attorney shall also be pursuant to contract or as provided herein. S: ~ H ARE'~LA W_ WP'u~RMXTHE COLONY.\ORDINANCE PAGE 4. Accordingly, and in furtherance of the provisions stated above, the CITY OF THE COLONY does hereby appoint Tiffany L. Haertling to serve as City Attorney for the CITY OF THE COLONY and her term of office shall commence immediately. 5. If any section, paragraph, subdivision, clause, or phrase, or provision of this ordinance shall be held invalid or unconstitutional, the same shall not affect validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. 6. All ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof. 7. The City Secretary of the CITY OF THE COLONY is hereby directed to engross and enroll this Ordinance by copying the Caption and Effective Date Clause in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. PASSED AND APPROVED THIS ~> ~&~DAY ~F qT~t~.~_ , 2000. William W. Manning, Mayor City of The Colony, Texas ATTEST: ,~~._'~,~'cks, City Secretary A~_x/x~..'"'C'i't'~'i~f.~,~olony, Texas Ti-~:any ~. f-Iaertling ..... City Attorney S:~ HARE~LA W_WI~F1RMhTHE COLONYAORDINANCE PAGE 2