HomeMy WebLinkAboutOrdinance 7198 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS,
OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) ,
AS AMENDED, BY ADDING THERETO A NEW SECTION DESIGNATED
AS SEC. 1-10. CITY EXEMPT FROM POSTING BOND; PROVID-
ING CITY IS EXEMPT FROM POSTING ANY BOND, UNDERTAKING
OR SECURITY IN ANY SUIT OR PROCEEDING IN WHICH IT
SHALL BE A PARTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon adoption of the Charter of the City of
Fort Worth, there existed by statute, provision for the City's
participation as a party litigant in every manner of action,
suit or proceeding as might be necessary without posting bond,
undertaking or security of any kind subject to the proviso that
for all the purposes of such action, suit and proceeding, the
City would be liable in the same manner and to the same extent
as if the bond, undertaking or security in ordinary cases had
been duly given and executed; and
WHEREAS, intervening codification of statutes has raised
a doubt in the minds of some jurists that there presently exists
any exemption on the part of municipal corporations from the pre-
requisite of posting bond, undertaking or security when seeking
relief in ancillary proceedings absent a clear exemption by
statute, rule, charter provision or ordinance; and
WHEREAS, there is presently no clear statement of exemption
by statute, rule, charter or ordinance provision applicable to the
City of Fort Worth; and
WHEREAS, the effective and efficient discharge of the duties
imposed upon the City's Attorney by the terms of the City's
Charter require it be clearly established that the City of Fort
Worth is exempt from any requirement for posting bond, under-
taking or security where the same has been made prerequisite to
-1-
obtaining effective relief or enforcing the rights of said City
in the courts of this State; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Chapter 1, General Provisions, of the Code of the
City of Fort Worth, Texas (1964) , as amended, be and the same
is hereby amended by adding thereto a new Section designated as
Section 1-10, which new Section shall be and read as follows:
"Sec. 1-10. City Exempt from Posting Bond.
It shall not be necessary in any action, suit or proceed-
ing in which the City of Fort Worth shall be a party, for any
bond, undertaking or security to be executed in behalf of the
City; but all such actions, suits, and proceedings shall be
conducted in the same manner as if such bond, undertaking or
security had been given."
SECTION 2.
This Ordinance shall be in full force and effect from and
after its passage and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
5
r
e, ro4w" ,
S. G. Johndroe, Jr.
City Attorney
City of Fort Worth, eexas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Ordinance Exempting City from PAGE
NUMBER Posting Bond, Undertaking or Security 1
7/21/75 G-2767 lot
in an Suit or Proceeding
Upon adoption of the Charter of the City of Fort Worth, there existed by
statute (Article 768, Texas Civil Statutes, Revision of 1911) and common
law Athens Telephone Co. v. City of Athens, 163 S.W. 371 (Tex.Civ.App.
�R° a � 1914, writ ref'd), interpretation thereof, provision for the City's
participation as a party litigant in every manner of action, suit or pro-
ceeding without posting bond, undertaking or security of any kind.
Since that time, the cited article was eliminated in the revision of the
Civil Statutes (1925) and according to some authorities, cities no longer
enjoy their previous exemption, unless clearly provided by "statute, rule,
charter provision or ordinance" Cone v. City of Lubbock, 431 S.W.2d 639
(Tex.Civ.App.1968, writ ref'd n.r.e.) .
We have no applicable Charter provision, no generally applicable ordinance,
and there is no statute or rule of exemption.
Recommendation
It is recommended that the City Council enact an ordinance which has been
prepared exempting the City of Fort Worth from posting any bond, undertak-
ing or security in any suit or proceeding in which it shall be a party and
provide for its immediate effect.
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SUBMITTED BY: DISPOSITIO BY COUNCIL: PRQCESED BY
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DATE
CITY MANAGER