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1982R09- ENDORSING TEXAS MUNICIPAL LEAGUE MUNICIPAL DEFENSE PROGRAM 0'"- . RESOLUTION NO. 't J-- R- 9 A RESOLUTION ENDORSING TEXAS MUNICIPAL LEAGUE MUNICIPAL DEFENSE PROGRAM 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 judgements against municipalities and their officials will increase accordingly; 'and WHEREAS, any increase in said litigation is detrimental and hazard- ous to the purposess of the City of Schertz, Texas; 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 resi- dential subdivisions; (2) A 1979 Texas Supreme Court decision holding that cities are liable for visual obstructions on public roadways, regard- less 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 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 invovle 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; (3) prepare amicus curiae briefs; and (4) maintain a litigation in- formation 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 CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT they endorse and support the establishment of the TML Municipal Defense Program. PASSED, APPROVED AND ADOPTED this the ~ day of ~(/,r. , 1982.