HomeMy WebLinkAboutCity Council - 2005-32 RESOLUTION NO. 2 0 0 5-3 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ATTORNEY
TO INITIATE CERTAIN LEGAL ACTIONS ON BEHALF OF THE CITY
WHEREAS, the City of Huntington Beach is often required by law to act as a claimant or
plaintiff in various legal cases or other administrative matters; and
The time constraints imposed by the legal system often requires swift action to be taken
to protect the City's legal rights; and
The City Council desires to authorize the City Attorney to initiate litigation or
administrative process in the certain instances enumerated herein, without further authorization
from the City Council,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. That the City Attorney is hereby authorized to initiate and prosecute on
behalf of the City such civil litigation, administrative matters, or other proceedings under the
following circumstances:
1. Complaints for injunctions and restraining orders arising out of
administrative citations or notices of violation for zoning code enforcement; and
2. Complaints for injunctions and restraining orders arising out of the
harassment of the City's officers, agents or employees; and
3. Complaints for injunctions and restraining orders arising out of the City's
affordable housing program, such as the enforcement of affordability covenants in favor of the
City; and
4. Cross-complaints or counter-claims against other necessary parties in civil
actions where the City is a defendant or cross-defendant; and
5. Claims related to subrogation, debt collection or bankruptcy proceedings,
where the City is a creditor or owed a debt; and
6. Claims for indemnification, insurance coverage or policy interpretation
(including actions for bad faith denial of coverage), or other similar actions.
SECTION 2. The City Attorney shall inform the Mayor prior to filing any litigation and
shall report all actions filed pursuant to this Resolution at a regular City Council meeting.
45resolinitiation of claims 1
Resolution No. 2005 3x.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nr7 day of May �, 2005.
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
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INITIATED AND APPROVED:
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05re50linitiation of claims 2
Res. No. 2005-32
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 2nd day of May,
2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City erk and ex-officio C k of the
City Council of the City of
Huntington Beach, California