HomeMy WebLinkAboutOrdinance No. 141 ORDINANCE 141
AN ORDINANCE MAKING CERTAIN FINDINGS; AUTHORIZ-
ING AND DIRECTING ODY K. JERDEN, CORPORATION
COUNSEL TO REPRESENT THE CITY OF FRIENDSWOOD IN
CAUSE NUMBER 108, 368 IN THE DISTRICT COURT OF
GALVESTON COUNTY, TEXAS, 56TH JUDICIAL DISTRICT,
ENTITLED FOWLER D. BARTON, ETC. VS. EDWARD STUART,
THE CITY OF FRIENDSWOOD, ET AL; FURTHER AUTHORIZ-
ING AND DIRECTING THE CORPORATION COUNSEL TO RE-
TAIN THE SERVICES OF THE FIRM OF MILLS, SHIRLEY,
McMICKEN AND ECKEL AS SPECIAL COUNSEL IN SAID
CASE; AUTHORIZING THE EXPENDITURE OF SUCH FUNDS
AS ARE NECESSARY TO DEFEND THE CITY AND THE MAYOR
AND COUNCIL, BOTH IN OFFICIAL AND INDIVIDUAL
CAPACITIES; DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The City Council of the City of Friendswood,
Texas hereby finds that Cause No. 108, 368, styled 'FOWLER D.
BARTON, INDIVIDUALLY and d/b/a BARTON' S DISPOSAL SERVICE VS.
EDWARD F. STUART, INDIVIDUALLY and as MAYOR of the CITY OF
FRIENDSWOOD, and the CITY OF FRIENDSWOOD, et al, is pending in
the 56th Judicial District Court of Galveston County, Texas;
that the Mayor, Edward F. Stuart, and City Council Members,
George F. Prude, James E. Mager, Ronald G. Hamil and Thomas F.
Woods, each individually and as Councilmen of the City of
Friendswood, jointly and severally are named as Defendants in
said cause; that the City of Friendswood is likewise named as
a Defendant in said cause; that the City is obligated to de-
fend the interests of its mayoY' dnd Council members in such
cause.
Section 2 . The City Council hereby directs and authorizes
the Corporation Counsel of the City of Friendswood to represent
the City of Friendswood and all Defendants named in the afore-
mentioned lawsuit and further authorizes the filing of any mo-
tions and pleadings in said cause and to take such action
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as is deemed necessary by said Corporation Counsel for representa-
tion of the interests of the City and other Defendants named in
said Petition; further authorizing and directing the Corporation
Counsel, ODY K. JERDEN, to retain the services of the firm of
MILLS, SHIRLEY, McMICKEN AND ECKEL, 600 United States National
Bank Building, Galveston, Texas, as Special Counsel in the afore-
said case; and the City Council hereby further authorizes the
payment and expenditure of whatever fees are necessary for the
representation of the City of Friendswood and the other Defendants
named in said lawsuit, both in their official and individual
capacities.
Section 3. Because of the limited time available to file
answer in the aforesaid suit and because of the Show-Cause Hear-
ing pending on the 17th day of September, 1970 at 9: 30 A.M, in
the 56th Judicial District Court of Galveston County, Texas, a
public emergency is hereby declared to exist requiring the
passage of this Ordinance as an emergency measure this 8th day
of September, 1970, following which the Council will proceed
with the usual three readings and final adoption.
�'r , APPROVED and ADOPTED as an emergency Ordinance this 8th
�September, 1970.
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�.I'��. "' 4�► EDWARD F. STUART, Mayor
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City Secretary
PASSED ON FIRST REGULAR READING THIS�� DAY OF SEPTEMBER, 1970.
PASSED ON SECOND REGULAR READING THIS 21 stDAY OF SEPTEMBER, 1970.
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�iiIT�D ON THIRD AND FINAL READING THIS 1St DAY OF OCTOBER, 1970.
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s'� �� �'" � EDWARD F. STUART, Mayor
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City Secretary