Res 2010-147 - Laserfiche WebLink

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RESOLUTION NO. 2010 -147R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE CITY ATTORNEY TO SIGN AN ENGAGEMENT LETTER TO RETAIN CHARLES SOECHTING, ATTORNEY AT LAW, TO REPRESENT AND DEFEND MAYOR SUSAN NARVAIZ AND COUNCIL MEMBER KIM PORTERFIELD, IN THEIR OFFICIAL CAPACITIES, IN CAUSE NO. 10 -1606, CITIZENS ADVOCATING RESPONSIBLE EDUCATION — S.M.C.I.S.D. v. KIM PORTERFIELD AND SUSAN NARVAIZ, IN THE 274 DISTRICT COURT OF HAYS COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $15,000 FOR SAID LEGAL DEFENSE FROM THE FUND BALANCE OF THE CITY'S LIABILITY RESERVE FUND; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The approval of the City Council is required for hiring outside counsel if the city's Liability Reserve Fund is used as a funding source. 2. Section 2.374 of the San Marcos City Code provides for the defense of elected and appointed city officials sued for acts or omissions during the course and scope of their office and employment. 3. An unincorporated association of unnamed individuals filed a suit styled: Citizens Advocating Responsible Education — S.M.C.I.S.D (Care — SMCISD) v. Kim Porterfield and Susan Narvaiz, Case No. 10 -1606 in the 274 District Court of Hays County, Texas seeking injunctive relief against two city officials in their official capacities. 4. The city attorney has recommended hiring outside counsel due to the nature of the allegations in the pleading which include complaints regarding a legislative policy statement unanimously approved by resolution of the San Marcos City Council. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The city attorney is hereby authorized to sign an engagement letter to hire Charles Soechting, attorney at law, as outside counsel to represent and defend Mayor