R2017-136 2017-07-06 RESOLUTION NO. R2017-136
A Resolution of the City Council of the City of Pearland, Texas, making the
written findings required by Texas Government Code Section 103(d); granting
authority to the City Manager to execute an attorney contract.
WHEREAS, it has become known that certain people and entities have improperly stored
materials, caused a public nuisance, and/or have released air contaminants and other waste that are a
threat to the City and its residents, in violation of the Texas Health and Safety Code and the Texas
Water Code; and
WHEREAS,the actions of these violators and others have threatened and continue to threaten
the health, safety and welfare of the citizens of Pearland, Texas; and
WHEREAS, the City of Pearland has considered entering into a contract for legal services
subject to Texas Government Code Chapter 2254, Subsection C, and must make written findings as
required by Texas Government Code Section 103(d);
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Pearland City Council makes the following findings:
(a) there is a substantial need for legal services from outside counsel to enforce the Texas
Health and Safety Code and the Texas Water Code;
(b) the legal services cannot be adequately performed by the attorneys and supporting
personnel of the City of Pearland or by the attorneys and supporting personnel of another state
governmental entity; and
(c) the legal services cannot reasonably be obtained from attorneys in private practice under a
contract providing only for the payment of hourly fees, without regard to the outcome of the matter,
because the City of Pearland does not have appropriated funds available to pay the estimated
amounts required under a contract providing only for the payment of hourly fees.
Section 2. That the City Manager or his designee is hereby authorized to execute an
attorney contract subject to Texas Government Code Chapter 2254, Subsection C.
PASSED, APPROVED and ADOPTED this the 6th day of July, A.D., 2017.
TOM REID
MAYOR
ATTEST:
T SEC TARP
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY