HomeMy WebLinkAboutCity Council Resolutions (R-88-352)-02/08/1988
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RESOLUTION R-88-352
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO RETAIN SPECIAL LEGAL COUNSEL
WHEREAS, recent events descri bed in the Ci ty Manager IS Deta il ed Report
to the City Council dated February 1, 1988 indicate that certain
improprieties warrant legal review and consideration, and
WHEREAS, the appointment of special counsel reporting to the City Manager
will eliminate potential conflict of interest for the office
of the City Attorney,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
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THAT the City Manager is authorized to retain the firm of
Goodman, McClaren & Cade to provide the City Manager with
legal opinion(s) regarding criminal offenses which may have
occurred in relation to the expenditure of public funds for
private purposes.
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Sec. 2. THAT such special legal counsel is furthermore authorized to
provide the City Manger with legal opinion(s) regarding viable
civil courses of actions which may be maintainable as reported
in the City Manager's Detailed Report to the City Council dated
February 1, 1988 and as may arise from the special investigative
audit currently being prepared by Peat Marwick Main and Company.
Sec. 3. THAT such special legal counsel is authorized to prepare necessary
criminal and civil legal action as may be warranted arising
from incidents described in the City Manger's Detailed Report
to the Ci ty Counci 1 dated February 1, 1988 and as may ari se
from the special investigative audit currently being prepared
by Peat Marwick Main and Company.
Sec. 4. THAT the City Manager is further more authorized to incur legal
fees for such services up to $4,000 without additional Council
approval.
AND IT IS SO RESOLVED.
Passed by a vote of ~ to ~ on the 8th day of February, 1988.
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I ATTEST:
leM
II LaVada Johnson
II City Secretary
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CITY OF COLLEYVILLE
Council overrode the Mayor's veto
February 15, 1988
Buck Hubbard, Mayor
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February 15, 1988
City Secretary
CITY OF COLLEYVILLE
P. O. Box 185
Colleyvil1e, Texas 76034
Re: Reasons for Veto of Resolution Proposing to
Employ Special Outside Legal Counsel Dated
February 8, 1988 I?_ '8'8 - J~;L
Reasons for my veto of the referenced Resolution:
1. The proposed Resolution will result in the waste of
taxpayer revenues since the expense is unbudgeted and
since the Attorney General's Office will intervene and
perform a thorough investigation of the matter.
2. Continued administrative investigation of the sort which
has already been authorized for outside auditors and of
the sort proposed for special outside legal counsel
continues to expose the City of Colleyville and its
elected officials to considerable liability for civil
rights violations.
3. The City Council of the City of Colleyville and numerous
c i t i zens at the publ ic hear ing held on February 8, 1988,
expressed that in lieu of the employment of outside
legal counsel, the Attorney General's Office be asked to
perform the investigation which is proposed.
4. The proposed employment of outside legal counsel is a
departure from established City Council policy to
provide legal services to elected officials exposed to
liability which may have been incurred while serving in
a representative capacity for the City of Colleyville.
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J. R. "Buck" Hubbard, Mayor
CITY MANAGER's FUNDS CERTIFICATION
February 8, 1988
Pursuant to Section 9.06.A of the Colleyville City Charter the City Manager hereby
certifies that funds are available within designated contingency line items and/or
unencumbered fund balances for both the General Fund and Utility Fund to incur
the following obligation:
Retention of Special Legal Counsel by the firm of Goodman, McClaren & Cade
per Resolution No. R-88-352 in an amount not to exceed $4,000 without
subsequent Council approval.
Furthermore, The City budget will remain balanced provided revenues and planned
expenditures continue as are presently budgeted.
Certified by ~/~~~
~ob~r; T. McDaniel
City Manager
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