HomeMy WebLinkAboutCity Council - 2015-61 RESOLUTION NO 2 015-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
RESTATING AND AMENDING RESOLUTION 2005-32 REGARDING AUTHORIZING
THE CITY ATTORNEY TO FILE LEGAL ACTIONS
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 certain types of
litigation and administrative procedures without further City Council authorization,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows
SECTION 1 The City Attorney is hereby authorized to initiate and prosecute on behalf
of the City the following civil litigation, administrative matters, or other proceedings
1 Complaints arising out of violations of the City Charter, City Municipal
Code, City Zoning and Subdivision Ordinance, or federal or state law,
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,
4 Cross-complaints or counter-claims against other parties in civil actions
where the City is a defendant or cross-defendant,
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
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Resolution No . 2015-61
SECTION 2 The City Attorney shall report all actions filed pursuant to this Resolution
at a regular City Council meeting Failure to follow this Section 2 shall have no legal effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 t h day of October , 2015
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REVIEW D AND APPROVED APPROVED AS TO F
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Res. No. 2015-61
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 a Regular meeting thereof held on October 19, 2015 by the following vote
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
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City rk and ex-officio Flerk of the
City Council of the City of
Huntington Beach, California