CC Resolution No. 815 1380
RESOLUTION NO. 815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN ENDORSING TML MUNICIPAL DEFENSE PROGRAM ,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS , more and more lawsuits are being filed against
cities and their officials, increases in such litigation will
continue in the 1980 ' s , and the likelihood of judgments against
municipalities and their officials will increase accordingly, and
WHEREAS , any increase in said litigation is detrimental and
hazardous to the purposes of the City of Baytown and the welfare
of the citizens of Baytown, and
WHEREAS , cities currently are not organized to effectively
handle this litigation explosion, and the result has been a
series of court decisions adverse to municipal interest , for
example;
( 1 ) A 1981 Texas Supreme Court decision holding
that cities cannot require the dedication of
parkland in new residential subdivisions;
(2 ) A 1979 Texas Supreme Court decision holding
that cities are liable for visual obstructions on
public roadways , regardless of whether such
roadways are dedicated city streets or in the
public right-of-way;
( 3 ) A 1982 U. S. Supreme Court decision holding
cities liable for antitrust violations;
( 4 ) Numerous federal and state court decisions
holding that cities are liable in civil rights
cases , regardless of whether the particular
municipal officials acted in good faith;
( 5 ) Numerous court decisions which continue to
increase liability exposures of Texas cities and
their officers and employees; and
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WHEREAS , the Texas City Attorneys Association, a TML department,
and the TML Board of Directors are proposing the establishment of
a Municipal Defense Program for cities to protect themselves and
their citizens from the continuing barrage of litigation that
threatens to further undermine cities'powers and expand the scope
of their liability; and
WHEREAS , the proposed Municipal Defense Program would
involve the creation of a new ongoing TML program to: ( 1 )
monitor adverse city-related litigation ( 2 ) report current
litigation problems to a screening committee composed of city
attorneys whenever serious problems arise anywhere in the state;
( 4 ) prepare amicus curiae briefs; and (5 ) maintain a litigation
information bank for reference use by city attorneys; and
WHEREAS , the cost of implementing the Municipal Defense
Program would be $70 ,000, which is beyond the League ' s current
financial resources; and
WHEREAS , an eleven percent ( 11% ) increase in current TML
dues would be adequate to fund the proposed Municipal Defense
Program; NOW THEREFORE
BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN; Section 1 : That the City of Baytown endorses
and supports the establishment of the TML Municipal Defense
Program.
Section 2 : This resolution shall take effect immediately
from and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown on this the 12th day of
August 1982.
U , ayor
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ATTEST,:2&:� /e
EILEEN P. HALL, City Clerk
/ APPROVED:
RANDALL B. RON , City orney