1982R09- ENDORSING TEXAS MUNICIPAL LEAGUE MUNICIPAL DEFENSE PROGRAM
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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.