Ordinance No. 13,238ORDINANCE NO. 13,238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION
TO BE NUMBERED AND ENTITLED SECTION 1 -17 "CIVIL LAWSUITS,"
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 1 "General Provisions" of the Code of Ordinances, Baytown,
Texas, is hereby amended to add a new section to be numbered and entitled Section 1 -17 "Civil
lawsuits," which shall read as follows:
CHAPTER 1. GENERAL PROVISIONS
Sec. 1 -17. Civil lawsuits.
(a) The city attorney shall represent the city in all legal proceedings; and the city attorney and
outside legal counsel, if directed by the city attorney, have authority to institute or defend any
actions, legal proceedings, civil actions, criminal actions, and suits, including but not limited
to appeals, actions to collect civil penalties, counterclaims, cross - claims, declaratory actions,
injunctive actions, and third -party claims and writs on behalf of the city:
(1) To enforce any provision of the City Charter;
(2) To enforce any provision of this code pursuant to all applicable laws, including
V.T.C.A., Local Government Code § §54.012 and §214.0015;
(3) To enforce any provision of any state or federal statute;
(4) For collections and damages to city property or personnel, either directly or through
subrogation rights;
(5) For enforcement of any contract into which the city has entered, including the
collection of any payments; and
(6) For collection of any account receivable, charge, fee or service provided by or owed
to the City.
(b) The city attorney and outside legal counsel if directed by the city attorney has authority to
execute any and all documents necessary to effectuate an authorized lawsuit authorized in
subsection (a) of this section.
(c) The city attorney may settle any action, proceeding or suit as the city attorney deems
advisable, after consultation with the city manager or the city manager's designee, if
appropriate, except for settlements requiring payment by the City in excess of $ 50,000.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative dote of the City Council of the
City of Baytown, this the 28th day of July, 2016. /(
AT ST:
LETICIA BRYSCH, City erk
APPROVED AS TO FORM:
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ACIO RAMIREZ, SR., Ci ttorney
STCPHEN H. DONCARLOS, Mayor
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