GENERALLY

Houston Code of Ordinances ch. 2, art. VII, div. 1

in effect

Houston Code of Ordinances § 2-256 Created; department director.

Sec. 2-256. - Created; department director. There is hereby created a legal department of the city, and the city attorney shall be the director of such department. (Code 1968, § 2-140; Ord. No. 05-91, §§ 1, 4, 1-25-05)

Houston Code of Ordinances § 2-257 City attorney's office created; appointment and removal of city attorney.

Sec. 2-257. - City attorney's office created; appointment and removal of city attorney. There is hereby created the office of city attorney of the city. The holder of such office shall be appointed by the mayor and confirmed by the city council and may be removed from office by the mayor at any time. (Code 1968, § 2-141)

Houston Code of Ordinances § 2-258 General duties of city attorney.

Sec. 2-258. - General duties of city attorney. The city attorney shall represent the city in all actions and proceedings before any court, commission, board or other judicial or administrative authority. He shall represent the city in all other legal matters. Upon request, he shall render opinions and advice to the mayor or city council upon any legal matter affecting municipal affairs. He shall render opinions and advice to city boards, commissions or directors of city departments, when requested in writing, upon any legal matter affecting the affairs of such board, commission or department. He shall maintain complete records in his department and perform such other duties as may be assigned from time to time by the mayor and city council. (Code 1968, § 2-142; Ord. No. 05-91, § 1, 1-25-05)

Houston Code of Ordinances § 2-259 Assistant city attorneys.

Sec. 2-259. - Assistant city attorneys. The first assistant city attorneys and all assistant city attorneys shall be appointed and removed by the mayor at will. They shall aid and assist the city attorney in the exercise of his powers and duties, acting in his place when directed by him, and shall perform such duties as shall be assigned to them by the mayor, the city council, and the city attorney. For the purpose of discharging any power vested in the city attorney by Chapter 45 of the Code of Criminal Procedure of the State of Texas, the first assistant city attorneys and all assistant city attorneys shall each be considered a deputy of the city attorney. (Code 1968, § 2-143; Ord. No. 93-1096, § 1, 9-8-93)

Houston Code of Ordinances § 2-260 Authority of city attorney relative to agreements for installment payment for damages to city property resulting from collisions.

Sec. 2-260. - Authority of city attorney relative to agreements for installment payment for damages to city property resulting from collisions. In instances where any property, including, but not limited to, motor vehicles, owned by the city has been damaged in a collision involving a person operating a motor vehicle who has not complied with the requirements as to proof of financial responsibility, as provided by Article 6701h, Revised Civil Statutes, the city attorney, or his designated assistant, is hereby authorized to accept, execute and acknowledge on behalf of the city written agreements providing for the payment to the city of an agreed amount of money in installments to be paid by persons operating motor vehicles which have been in collision with and have caused damage to such city-owned property, such agreement being in compliance with Section 5 of said Article 6701h. The city attorney, or his designated assistant, is also authorized to execute and acknowledge on behalf of the city all releases of indebtedness and liability after full payment of all agreed installments have been made to the city. (Code 1968, § 2-145)

Houston Code of Ordinances § 2-261 Authority of city attorney to accept immediate right of entry agreements under certain conditions.

Sec. 2-261. - Authority of city attorney to accept immediate right of entry agreements under certain conditions. Whenever an emergency exists requiring that the city obtain immediately the legal right to possession of all lands required for a certain public improvement or project and the Director of Houston Public Works shall certify that such an emergency exists, the city attorney is authorized to accept from any property owner whose land is required for such project an instrument granting the right of entry to the city and its contractors to take possession of the land and proceed with the construction of the improvement, which instrument may provide for the payment to the owner of interest at the legal rate from the date of the right of entry upon whatever compensation shall be paid him, either by purchase or condemnation award. (Code 1968, § 2-146; Ord. No. 70-1754, § 1, 10-7-70; Ord. No. 90-635, § 6, 5-23-90; Ord. No. 93-514, § 4, 5-5-93; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 2-262 Authority of city attorney to institute and settle suits for debts and damages owed to the city.

Sec. 2-262. - Authority of city attorney to institute and settle suits for debts and damages owed to the city. (a) The city attorney or any of his assistants are hereby authorized to institute lawsuits on behalf of the city in any court of competent jurisdiction to recover any debt or damages owed to the city when in the exercise of their judgment such action is necessary. For the purposes of this subsection, any debt or damages owed to the city shall mean any monies deemed by a department to be payable to the city, or any money owed to the city under a previously executed installment contract. (b) In a suit instituted under the authority of this section, the city attorney or his assistants are hereby authorized to make any settlement or compromise which in their judgment is in the best interest of the city. (Code 1968, § 2-147; Ord. No. 73-730, § 1, 4-18-73)

Houston Code of Ordinances § 2-263 Authority of city attorney to settle contract disputes.

Sec. 2-263. - Authority of city attorney to settle contract disputes. (a) The city attorney or any of his or her assistants are hereby authorized to settle disputes involving city contracts without approval by city council where such disputes involve a settlement amount to be paid by the city that is less than or equal to the maximum dollar amount of an expenditure that the city is generally allowed to make without taking competitive bids for contracts under state law, as amended from time to time. (b) In exercising the authority pursuant to this section, the city attorney or any of his or her assistants are hereby authorized on behalf of the city to execute settlement agreements, releases, covenants not to sue, and similar documents which in their judgment are in the best interest of the city. (Ord. No. 2016-909, § 1, 11-30-2016)

Houston Code of Ordinances § 2-264 Replacement of bonds and bond coupons—authorized; costs; collection of fees.

Sec. 2-264. - Replacement of bonds and bond coupons—authorized; costs; collection of fees. (a) The city is authorized by Chapter 1206 of the Texas Government Code and Section 8.405, Texas Business and Commerce Code, as amended, to issue a replacement bond for any bond theretofore lawfully issued and which is outstanding to replace, without an election, any such bond which has been destroyed, lost or stolen, upon receipt by the city of an indemnity satisfactory to the city together with an affidavit satisfactory to the city to establish proof of ownership and the circumstances of the loss, theft, destruction, mutilation or damage of such bond. (b) The costs incurred by the city in issuing a replacement bond or bond coupon include personnel costs of the city secretary's, city controller's and city attorney's offices for time consumed in processing requests for replacements, research costs, managerial costs for review and signing all required documents, and legal fees. (c) The city attorney shall levy and collect a fee, as set out in the fee schedule below, for the replacement of bonds and bond coupons. The fees shall be collected by the city attorney and transferred to the city controller for deposit in the city's general fund. All relevant records and the original transcript pertaining to the replacement bond or coupon shall be delivered to the city controller. (Ord. No. 88-30, § 1, 1-6-88; Memorandum of 9-12-2012; Ord. No. 2016-909, § 1, 11-30-2016)

Houston Code of Ordinances § 2-265 Same—Fees.

Sec. 2-265. - Same—Fees. (a) The following fees shall be charged for the issuance of a replacement for a bond(s) or coupon(s) which has been lost, stolen, destroyed or mutilated. (1) Registered bonds fee, payable by the owner requesting the replacement bond(s) or coupon(s). This fee shall cover all costs, except printing costs, associated with replacing the bond(s) or coupon(s). (2) Bearer bonds fee, payable by the owner requesting the replacement bond(s) or coupon(s). This fee shall cover all costs, except printing costs, associated with replacing the bond(s) or coupon(s). (3) Printing costs. The actual invoice cost for printing of the replacement bond(s) or coupon(s), payable by the owner requesting the replacement bond(s) or coupon(s). (4) Use of personal counsel. In the event that the owner requesting the replacement of bond(s) and/or coupons uses his or her personal counsel rather than the city attorney to prepare and have printed the required documents and certificates, the city shall assess a fee for review and processing of registered bond(s) and/or coupon(s) and a fee for review and processing of for bearer bond(s) and/or coupon(s). (b) The fees shall be the same for replacing matured and unmatured bond(s) or coupon(s). The owner requesting the replacement will be assessed the applicable fees only once for replacement of single or multiple bond(s) or coupon(s), in the event that the bond(s) or coupon(s) are from the same bond series or issuance and the request for replacement of all the bond(s) or coupon(s) are made simultaneously. A fee will be assessed for each separate request for replacement of bond(s) and coupon(s) from different bond series or issuances. (c) The fees are stated for this section in the city fee schedule. (Ord. No. 88-30, § 2, 1-6-88; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2016-909, § 1, 11-30-2016)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTVIILEDE_DIV1GEFetched: 10/26/2026