HomeMy Public PortalAboutOrdinance No. 1140-09 02-10-2009 1140-09
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS FOR THE
ADOPTING A POLICY REGARDING REFERRAL OF CITIZEN-
INITIATEDLEGAL INQUIRIES TO THE CITY ATTORNEY; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council is charged with maintaining fiscal prudence in managing the
affairs of the City and setting City policy; and
WHEREAS, the City Council has determined that citizen-initiated legal inquiries have raised
the legal costs of the City and that the City Manager needs greater flexibility in determining what
citizen-initiated legal inquiries should be referred to the City Attorney for review, and assurance of
the City Council that the Council will be supportive of the City Manager's decisions in this regard;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
ADOPTION OF POLICY REGARDING REFERRAL OF CITIZEN-INITIATED
LEGAL INQUIRIES TO THE CITY ATTORNEY
The City Council hereby adopts the following policy to guide the City Manager:
In order to maintain adequate control of the City's legal expenditures, the
City Manager shall be the primary point of contact with the City Attorney, and shall
determine whether to refer any citizen inquiries regarding legal matters to the City
Attorney. The City Manager shall have the authority to refer to the City Attorney any
such inquiries which the City Manager determines are of sufficient importance and
impact as to justify the expenditure of Ciry funds for such review. However, the City
Manager shall have the discretion to not refer any citizen inquiries concerning legal
matters if the City Manager determines any of the following:
1. The matter lacks legal merit; or
2. The expense likely incurred in obtaining review exceeds the likely benefits of
legal review; or
3. Legal review is not necessary for the City Manager to determine and take
appropriate action.
In making these determinations, the City Manager shall consider the potential
exposure to the City, the City staff, and City Council, to damages and other relief,
the possible adverse effects on citizens and City staff, and the complexity of the
issues raised. The City Council understands that the City Manager is not an attorney,
and that the City Manager will be making these determinations based solely on the
City Manager's professional experience and judgment, and that the City Manager
cannot guarantee that a decision to not refer an inquiry to the City Attorney will not
have negative consequences for the City, the City staff, City Council, and the
citizens, but the City Council has determined that the need to limit the City's
expenditures warrants giving the City Manager such discretion.
Notwithstanding the foregoing, the City Manager may place any citizen legal inquiry
on the City Council agenda to permit the City Council to provide guidance as to
whether the issue raised is of sufficient importance and impact as to warrant referring
the matter to the City Attorney
SECTION 2.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
EFFECTIVE DATE
This ordinance shall be in full force and effect immediately after passage, and it is so
ordained.
ORDINANCE ADOPTING POLICY REGARDING REFERRAL OF MATTERS TO CITY ATTORNEY Page 2
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PASSED AND APPROVED ON THIS ~ b~ DAY OF ~ , 2009.
t
E HONORABLE DAVI . RAGAN, MAYOR
ATTEST:
LINDA CANTU, TRMC, CITY SECRETARY
EFFECTIVE: L~ ol.b0~
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APPROVE AS FORM AND LEGALITY: ; ~ ' • N
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TIM G. SRALLA, CITY ATTORNEY
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