R94-63 11-14-94RESOLUTION NO. R94-63
A RESOLUTION AUTHORIZING AND APPROVING THE SUBSTITUTION
OF CITY OF PEARLAND AS A PARTY DEFENDANT IN THE PLACE AND
STEAD OF THE MAYOR AND CITY SECRETARY IN THEIR OFFICIAL
CAPACITIES IN CAUSE NO. 93M2753; STYLED JOY NIDAY COLSON,
et al. v. PEARLAND CITY SECRETARY PAT JONES, et al.
PENDING IN THE 149TH JUDICIAL DISTRICT COURT OF BRAZORIA
COUNTY, TEXAS.
WHEREAS, there is pending in the 149th Judicial District Court
of Brazoria County, Texas, a suit styled Joy Niday Colson, et al.
v. Pearland City Secretary, et al. wherein the City Secretary and
Mayor have been named in their official capacities and against whom
a temporary injunction has been issued for the purpose of
prohibiting a recall election; and
WHEREAS, a claim against these public officials in their
official capacities is, in reality, a claim against the City
itself; and
WHEREAS, no relief has been sought against the City other than
injunctive relief; and
WHEREAS, the City seeks to substitute itself, as a corporate
entity, in the place and stead of the aforementioned Mayor and
Secretary, in an effort to streamline the litigation and reduce the
cost of outside counsel; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION ONE. The City Council hereby authorizes and approves
the substitution of City of Pearland, as a body corporate and
politic and Texas Home Rule City, in the place and stead of the
Mayor and City Secretary in their official capacities in connection
with Cause No. 93M2753, styled Joy Niday Colson, et al. v. Pearland
City Secretary Pat Jones, et al. now pending in the 149th Judicial
District Court of Brazoria County, Texas.
SECTION TWO. The City Council declares its intent to be
bound, for itself, its officers, agents, servants, employees and
attorneys to the terms and conditions of that certain temporary
injunction heretofore issued in the referenced case against the
Mayor and City Secretary in their official capacities unless or
until the injunction is dissolved or otherwise set aside.
SECTION THREE. The City Council further declares its intent
that it not be bound to answer or defend the referenced case beyond
that expressly authorized or approved herein.
PASSED, APPROVED, this
7 ~~ '
and ADOPTED
A. D., 1994.
' / ~ day of
ATTEST:
Pat Jones ~Getary, TRMC
, t S
APPROVED AS TO FORM: