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ORDINANCE NUMBER 2025 - 2374 ...
ORDINANCE NUMBER
2025 - 2374
AN ORDINANCE AMENDING SECTION 2-32 OF THE CITY CODE, CONCERNING MAYORAL APPROVAL OF CERTAIN CONTRACTS AND LITIGATION
_________________________
WHEREAS, the City Council has previously recognized the Mayor's authority to initiate certain claims and civil litigation related to the enforcement of the City's contracts and ordinances; and
WHEREAS, this Ordinance would provide for the Mayor to resolve and settle those kinds of claims as well, within certain limitations.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on June 16th, 2025, at 4:30 p.m., as follows:
Section 1. Section 2-32 of the Code of Ordinances of the City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-32. - Mayoral Approval of Certain Contracts and Litigation.
(a) Certain Settlements relating to Claims Against the City. The Mayor is authorized to approve, on behalf of the City, the settlement of any claims or expenses asserted against the City, where it: (i) either provides for monetary payments that are fully paid by the City's insurance policy(ies), or for an amount of less than $5,000.00 per occurrence; (ii) does not admit any liability on the part of the City; and (iii) does not require any other contractual obligation of the City (except for routine provisions relating to the manner of dismissing/resolving the claim, or observing normal policies and practices of the City).
(b) Certain Litigation and Settlements relating to Claims By the City. The Mayor (or such other officer of the City, as is designated by the Mayor) is authorized to initiate and prosecute civil claims and lawsuits or other civil legal actions, on behalf of the City, where: (i) the City is owed a sum certain by a person(s) or entity(ies) relating to a breach of contract; or unpaid fees, assessments, or other charges resulting from the application of a law, ordinance, or regulation, and the City seeks compensation therefor; (ii) the City is seeking to compel a person(s) or entity(ies) to perform an obligation(s) owed to the City pursuant to contract; (iii) the City is seeking to enforce compliance with an ordinance of the City, including but not limited to, the City's zoning ordinance; and/or (iv) the City is in possession of certain property to which multiple persons and/or entities assert competing claims, and the City seeks a judicial determination relieving the City of liability therefor. The Mayor is further authorized to settle and resolve such civil claims and lawsuits where: (i) the claim involves a principal sum certain (or if not a principal sum certain, then the principal amount that the Mayor reasonably determines is actually owed to the City), a particular obligation that is owed to the City, or compliance with an ordinance; (ii) the settlement provides, either at once or over a period of time, for the payment of that principal sum, the performance of that particular obligation, or the compliance with that particular ordinance; (iii) the settlement does not admit any liability on the part of the City; (iv) the settlement does not involve any payment of money by the City; and (v) the settlement does not require any other contractual obligation of the City (except for routine provisions relating to the manner of releasing/dismissing/resolving the claim, or observing normal policies and practices of the City).
Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable.
Section 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.
Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
ADOPTED this the 16th day of June, 2025.
_________________________JAMES LUCAS, CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
_________________________ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 16th day of June, 2025.
Witness my hand and seal of office this the 16th day of June, 2025.
_________________________ Annette Barnes-Threet, City Clerk
The News Courier
July 09, 2025
2025 - 2374
AN ORDINANCE AMENDING SECTION 2-32 OF THE CITY CODE, CONCERNING MAYORAL APPROVAL OF CERTAIN CONTRACTS AND LITIGATION
_________________________
WHEREAS, the City Council has previously recognized the Mayor's authority to initiate certain claims and civil litigation related to the enforcement of the City's contracts and ordinances; and
WHEREAS, this Ordinance would provide for the Mayor to resolve and settle those kinds of claims as well, within certain limitations.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on June 16th, 2025, at 4:30 p.m., as follows:
Section 1. Section 2-32 of the Code of Ordinances of the City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-32. - Mayoral Approval of Certain Contracts and Litigation.
(a) Certain Settlements relating to Claims Against the City. The Mayor is authorized to approve, on behalf of the City, the settlement of any claims or expenses asserted against the City, where it: (i) either provides for monetary payments that are fully paid by the City's insurance policy(ies), or for an amount of less than $5,000.00 per occurrence; (ii) does not admit any liability on the part of the City; and (iii) does not require any other contractual obligation of the City (except for routine provisions relating to the manner of dismissing/resolving the claim, or observing normal policies and practices of the City).
(b) Certain Litigation and Settlements relating to Claims By the City. The Mayor (or such other officer of the City, as is designated by the Mayor) is authorized to initiate and prosecute civil claims and lawsuits or other civil legal actions, on behalf of the City, where: (i) the City is owed a sum certain by a person(s) or entity(ies) relating to a breach of contract; or unpaid fees, assessments, or other charges resulting from the application of a law, ordinance, or regulation, and the City seeks compensation therefor; (ii) the City is seeking to compel a person(s) or entity(ies) to perform an obligation(s) owed to the City pursuant to contract; (iii) the City is seeking to enforce compliance with an ordinance of the City, including but not limited to, the City's zoning ordinance; and/or (iv) the City is in possession of certain property to which multiple persons and/or entities assert competing claims, and the City seeks a judicial determination relieving the City of liability therefor. The Mayor is further authorized to settle and resolve such civil claims and lawsuits where: (i) the claim involves a principal sum certain (or if not a principal sum certain, then the principal amount that the Mayor reasonably determines is actually owed to the City), a particular obligation that is owed to the City, or compliance with an ordinance; (ii) the settlement provides, either at once or over a period of time, for the payment of that principal sum, the performance of that particular obligation, or the compliance with that particular ordinance; (iii) the settlement does not admit any liability on the part of the City; (iv) the settlement does not involve any payment of money by the City; and (v) the settlement does not require any other contractual obligation of the City (except for routine provisions relating to the manner of releasing/dismissing/resolving the claim, or observing normal policies and practices of the City).
Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable.
Section 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.
Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
ADOPTED this the 16th day of June, 2025.
_________________________JAMES LUCAS, CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
_________________________ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 16th day of June, 2025.
Witness my hand and seal of office this the 16th day of June, 2025.
_________________________ Annette Barnes-Threet, City Clerk
The News Courier
July 09, 2025
Posted Online 21 weeks ago
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