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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 1381 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 1382 ATTEST,:2&:� /e EILEEN P. HALL, City Clerk / APPROVED: RANDALL B. RON , City orney