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HomeMy WebLinkAboutOrd 1048 TM Authorized to Contract with Special CounselORDINANCE 1048 PAGE 1 TOWN OF WESTLAKE ORDINANCE NO. 1048 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING SECTION 2- 164 OF THE TOWN OF WESTLAKE, TEXAS CODE OF ORDINANCES AUTHORIZING THE TOWN MANAGER TO SELECT AND TO RE TAIN SPECIAL COUNSEL AS DEEMED NECESSARY AND APPROPRIATE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A S AVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas (the “Town”) is a Type A General Law Municipality located in Denton County and Tarrant County, Texas, incorporated in accordance with the provisions of the Texas Local Government Code, as amended, and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town Council adopted Ordinance 857 that reorganized the provisions set forth in Chapter 2 of the Town of Westlake Code of Ordinances among other things on June 18, 2018; and WHEREAS, the Town Council of the Town finds, that, with the rapid growth of the Town and the increased demands for legal counsel, that the Town Manager of the Town should be able to select and to retain special counsel that can review, provide, and prepare legal opinions as may be requested by the Town Council and the Town Manager in support of the Town Attorney; and WHEREAS, the Town Council met on August 18, 2026 and reviewed and considered proposed text amendment to Sec. 2-164 to the Code of Ordinances of the Town; and WHEREAS, the Town Council of the Town, in compliance with the laws of the State of Texas with reference to the text amendments to the Code of Ordinances of the Town, after holding due meeting in accordance with the Texas Open Meetings Act, is of the general opinion that the provisions found in Sec. 2-164 of the Town’s Code of Ordinances should be amended; and WHEREAS, the Town Council believes it is in the best interest of the Town and its present and future residents to adopt this Ordinance. ORDINANCE 1048 PAGE 2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the provisions found existing in Sec. 2-164 of the Code of Ordinances of the Town are hereby amended as provided below: Sec. 2-164. - Town attorney. (a)Appointment and removal. a.The town council shall appoint by the affirmative vote of a majority of the full membership of the town council a competent, duly qualified licensed and practicing attorney in the state who shall serve as the town attorney. b.The town attorney may be removed at the will and pleasure of the town council pursuant to the Local Government Code. (b)Responsibilities. a.Serve as the legal advisor to the town council and town manager. b.Represent the town in litigation and legal proceedings as directed by the town council and the town manager. c.Review and provide opinions as requested by the town council or town manager on contracts, legal instruments, ordinances of the town and other town business. d.The town council and the town manager shall have the right to select and to retain special counsel at any time that they may deem necessary and appropriate. However, the fees that may be incurred by the town manager for selecting and retaining special counsel shall not exceed the town manager’s spending authority. e.The town attorney and special counsel shall receive compensation as may be determined by the town council. (c)The town attorney, with approval of the town council, may select additional attorneys to act for him or her and the town in its representation and/or litigation. SECTION 3: That all ordinances of the Town of Westlake, Texas that are in conflict with the provisions of this Ordinance be, and the same are hereby, repealed and all other ordinances of the Town of Westlake, Texas not in conflict with the provisions of this Ordinance shall remain in full force and effect. ORDINANCE 1048 PAGE 3 SECTION 4: Should any section, paragraph, sentence, clause, or phrase of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be unconstitutional, illegal, or invalid, and shall not affect the validity of the Town’s Code of Ordinances as a whole. SECTION 5: That any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, Texas and, upon conviction, shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation occurs shall constitute a separate offense. SECTION 6: It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law and the public notice of the time, the place, and the purpose of said meeting was given as required. SECTION 7: This Ordinance shall take effect immediately from and after its passage upon reading and the publication of the caption, as provided by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ON THIS 18TH DAY OF AUGUST 2026. _______________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Matthew C. G. Boyle, Town Attorney