HomeMy WebLinkAboutResolution - 2012-R0075 - Amend Order Of Business And Procedures Of The City Council - 02/09/2012Resolution No. 2012-R0075
February 9, 2012
Item No. 6.5
RESOLUTION
WHEREAS, the City Council has heretofore by Resolution established policies
and procedures pertaining to the City Council and of the City of Lubbock in a Policies
and Procedures Manual; and
WHEREAS, the City Council finds that in light of the substantial loss of taxpayer
dollars resulting from the City's being contractually bound to an arbitration proceeding, it
would be in the public interest to amend certain policies and procedures as set forth in the
City of Lubbock Council Rules, Order of Business and Procedure manual;
WHEREAS, pursuant to Section II(B) of said Rules, this proposed amendment
has been introduced into the record at a prior regular meeting of the City Council; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT subparagraph IV(D) of the City Council Rules, Order of
Business and Procedures as set forth in the Policies and Procedures Manual, is amended
to read as follows:
D. CitAttorney to Approve
1. All ordinances and resolutions shall be approved as to form and
legality by the City Attorney.
2. Except where a contract is entered into between the City of'
Lubbock and another governmental entity, every contract and agreement
approved by the City Council, or the City Manager under proper authority, shall
include a provision with respect to dispute resolution in connection with the
underlying contract or agreement that preserves the City's right to seek relief in a
court of competent jurisdiction, and said provision shall be made to control in the
event of conflicting provisions in the contract or agreement, and shall be in
substantially the following form:
"The City reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, including
without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the City shall not be
subject to any arbitration process prior to exercising its unrestricted
right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another
provision in, or related to, this document, the former shall control."
A majority of the City Council may waive this requirement by amending
the contract or agreement under consideration by an affirmative vote to specifically do so.
SECTION 2. THAT the City Attorney shall incorporate the above amendment
into the City Council Rules, Order of Business and Procedures.
Passed by the City Council this 9th day of February , 2012.
TOM MARTFN, MAYOR
ATTEST:
armee c �
Rebekca Garza, City Secretary
ms/Rule Change Arbivalion.reso
120.12