HomeMy WebLinkAboutResolution 4899-01-2018 A Resolution
NO. 4899-01-2018
A RESOLUTION FOR AUTHORIZATION FOR THE CITY ATTORNEY TO
FILE SUITS AGAINST VIOLATORS OF CITY ORDINANCES AND STATE
STATUTES RELATED TO ZONING,PURSUANT TO CHAPTER 211 OF THE
TEXAS LOCAL GOVERNMENT CODE
WHEREAS, the Fort Worth City Council approved on April 26, 2005, M & C G-
14766 that authorized the City Attorney to file lawsuits related to code compliance and
nuisance abatement under Texas Local Government Code Chapter 54 and Civil Practice
and Remedies Code Chapter 125; and
WHEREAS, the City through its City Attorney is authorized to file lawsuits
pursuant to Chapter 211 of the Texas Local Government Code to prevent the unlawful
erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
to restrain, correct, or abate the violation; prevent the occupancy of the building, structure,
or land; or prevent any illegal act, conduct, business, or use on the premises; and
WHEREAS, Chapter 211 of the Texas Local Government Code provides for civil
penalties for ordinance violators; and
WHEREAS, violations of zoning ordinances and state zoning statutes have a
negative impact on the property, health, and safety of the citizens of the City, and this
impact is immediate and ongoing; and
WHEREAS, the City Attorney must react quickly to violations of these ordinances
and state statutes to prevent further loss to property, life and to reduce the impact to the
health and safety of the citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. The City Attorney is authorized and directed to take any and all necessary legal
action under Chapter 211 of the Texas Local Government Code and is authorized
to file suits and seek all injunctive, declaratory relief, civil penalties, and/or any
other remedies allowed by law where authorized by state statute and City Code,
without seeking further City Council approval.
Adopted this 30th day _ anuary, 2018.
ATTEST-
By: -- -- — --------------
Mary J. Kayse , City Secretary
&,RTWORTH
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/30/2018 - Resolution No. 4899-01-2018
DATE: Tuesday, January 30, 2018 REFERENCE NO.: **G-19212
LOG NAME: 12JOINTCH125&54&211
SUBJECT:
Adopt Resolution Authorizing the City Attorney to File Suits Pursuant to Chapter 211 of Texas Local
Government Code to Enforce Zoning and Seek Civil Penalties as Necessary (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Attorney to file any and all lawsuits pursuant to Chapter 211 of the Texas Local
Government Code as necessary to enforce the City's Code and state statutes related to zoning and to
prevent further violations of the City's ordinances and state statutes related to zoning; and
2. Adopt the attached resolution authorizing such suits.
DISCUSSION:
The City Council approved on April 26, 2005, Mayor and Council Communication (M&C G-14766) that
authorized the City Attorney to file lawsuits related to code compliance and nuisance abatement under
Texas Local Government Code § 54 and Civil Practice and Remedies Code § 125. This M&C amends
M&C G-14766 to also authorize the City Attorney to file lawsuits to enforce zoning regulations under
Texas Local Government Code § 211.
Chapter 211 of the Texas Local Government Code authorizes the City to seek abatement of zoning
violations. The City Attorney is seeking permission to file suits under Chapter 211 to enforce the City's
Code and state statutes and to prevent further violations of City ordinances and state statutes related to
zoning and, when appropriate, to seek civil penalties, without seeking further City Council approval.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that costs associated with this action are included in the Law
Department's General Fund Budget for Fiscal Year 2018.
Logname: 12JOINTCH12554211 Page 1 of 2
FUND IDENTIFIERS IFIDs1:
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122) (6222)
Originating Department Head: Sarah Fullenwider (7606) (7623)
Additional Information Contact: Christopher Mosley (7603) (8715)
Logname: 12JOINTCH12554211 Page 2 of 2