1988-101CITY OF SOUTHLAKKEq, TEXAS
RESOLUTION NO. d O ` A91
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
AUTHORIZING THE CITY ATTORNEY TO DEFEND INDIVIDUALLY NAMED
DEFENDANTS IN THE LAWSUIT BROUGHT BY JERRY CROWDER AGAINST
THE CITY OF SOUTHLAKE AND VARIOUS OFFICERS, OFFICIALS AND
FORMER OFFICERS AND OFFICIALS OF THE CITY OF SOUTHLAKE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, William LeGrand,
Sandra LeGrand, Johnny H. Westerholm, Betty Springer, Sally
Hall, Charles Curry, Curtis Hawk, Kenneth "Buster" Thompson,
and Maurice Robertson, were named as Defendants in a lawsuit
brought by the former Chief of Police, Jerry Crowder, filed
as Civil Action Number CA4-88-697-K on or about October 19,
1988, in the United States District Court for the Northern
District of Texas, Fort Worth Division; and
WHEREAS, the Complaint filed on behalf of Mr. Crowder
asserts that he was denied or deprived of various alleged
property rights and interests by the action of the City and
the individually named Defendants; and
WHEREAS, in addition to seeking reinstatement as Chief
of Police for the City of Southlake, Mr. Crowder is seeking
monetary damages for wrongful conduct and alleged
conspiratorial activity by various of the individually named
Defendants; and
WHEREAS, the Complaint filed on behalf of Mr. Crowder
contains no specific factual allegations which would allow
individual or party to identify or evaluate the alleged
wrongful acts of the individually named Defendants; and
WHEREAS, the individually named Defendants are currently
serving as officers, agents or employees of the City of
Southlake or were officers, agents or employees of the City
of Southlake at or about the time various events alleged in
the Petition are asserted to have occurred; and
WHEREAS, the individually named Defendants were arguably
attempting to discharge their public responsibilities as
officers, agents or employees of the City, working for the
betterment of the citizens of the City of Southlake; and
WHEREAS, the City Council of the City of Southlake after
due and careful consideration has determined that it would be
inappropriate for the individually named Defendants to be
required to expend personal funds for the employment of
attorneys to defend their actions which were undertaken in
the performance of their official duties; and
WHEREAS, nothing contained in the Complaint filed by Mr.
Crowder provides any factual information to reflect that a
conflict of interest would exist in providing a unified and
concerted defense to all allegations brought against present
or past representatives of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE:
SECTION 1
That all of the above premises are found to be true and
correct and are incorporated into the body of this Resolution
as if copied in their entirety.
SECTION 2
The City Council of the City of Southlake hereby
authorizes the City Attorney to defend not only the City of
Southlake but all individually named Defendants in the action
brought by Jerry Crowder as Civil Action Number CA4-88-697-K
now pending before the United States District Court for the
Northern District of Texas, Fort Worth Division.
SECTION 3
Such authorization to provide a unified defense shall
continue unless facts should emerge in the course of
discovery in this lawsuit which would indicate that a unified
representation would result in a conflict of interest in
defending the City and the individual Defendants. In the
event such a conflict of interest should be identified the
City Attorney's office will advise the Council in Executive
Session and arrangements will be made to secure individual
representation for the individually named Defendants.
SECTION 4
This Resolution shall be effective immediately upon it's
approval/. ` Passed and approved this the day of
74 7L(,(,(J , 1988.
CITY O S
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By:
Mayor
City of Southlake, Texas
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By: Cn
City Secretary
City of Southlake, TeX,4s''
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APPROVED AS TO FORM:
City Attorney ,Y
City of Southla e, Texas
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