HomeMy WebLinkAbout19059 RES - 10/15/1985A RESOLUTION
SUPPORTING STATE LEGISLATION PLACING A LIMITATION ON
LIABILITY FOR CLAIMS AGAINST MUNICIPALITIES BASED ON
THEIR PROPRIETARY FUNCTIONS.
WHEREAS, skyrocketing jury verdicts and far reaching court
decisions have caused insurance rates to increase exponentially and have in
many cases caused insurance to be unavailable to municipaljties; and
WHEREAS, the availability of such insurance at reasonable rates
was a significant and substantial factor in the passage of the Texas Tort
Claims Act and the erosion of the doctrine of sovereign immunity; and
WHEREAS, such circumstances have caused an increasing number of
municipalities to carry out duties without adequate insurance coverage or
to cut back on needed services because of the potentially high risk of
unlimited liability exposure in carrying out these functions for the
benefit of the citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council urges the delegates of the 72nd
Annual Conference of the Texas Municipal League to adopt a resolution, a
copy of which is attached hereto as Exhibit "A".
SECTION 2. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
immediate need for the efficient and effective administration of City
affairs, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this resolution
is passed and shall take effect upon first reading as an emergency measure
this the 15th day of October, 1985.
ATTEST:
tySecretary V MAYOR
APPROVED: 1.5 DAY OF OCTOBER, 1985
Assistant yttorney
02E.026.02
THE CITY OF CORPUS CHRISTI, TEXAS
19059 MICROFILMED
A RESOLUTION
SUPPORTING STATE LEGISLATION PLACING A LIMITATION ON
LIABILITY FOR CLAIMS AGAINST MUNICIPALITIES BASED ON
THEIR PROPRIETARY FUNCTIONS.
WHEREAS, skyrocketing jury verdicts and far reaching court
decisions have caused insurance rates to increase exponentially and have in
many cases caused insurance to be unavailable to municipalities; and
WHEREAS, the availability of such insurance at reasonable rates
was a significant and substantial factor in the passage of the Texas Tort
Claims Act and the erosion of the doctrine of sovereign immunity; and
WHEREAS, such circumstances have caused an increasing number of
municipalities to carry out duties without adequate insurance coverage or
to cut back on needed services because of the potentially high risk of
unlimited liability exposure in carrying out these functions for the
benefit of the citizens;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this
72nd Annual Conference of the Texas Municipal League that TML endorses
passage of legislation to limit the liability of municipalities for claims
arising out of the exercise of proprietary functions, and directs the
Executive Director and his staff to take measures to assist in the passage
of such legislation, and urges all member cities individually to contact
their representatives in the State Legislature to inform them of the great
importance of this bill to every municipality in the state and to solicit
their support in passing it.
PASSED AND APPROVED at San Antonio, Texas this 2nd day of
November, 1985.
ATTEST:
'Executive Director
(1)
APPROVED:
President
Statement of the Problem Addressed by this Resolution:
Staggering monetary judgments and far reaching court decisions have
caused liability insurance for proprietary functions to become
incredibly expensive and in many cases completely unavailable to
municipalities.
(2) How Would Implementation of this Resolution Solve the Problem?
Limitation of liability for municipal proprietary functions would
enable municipalities to reasonably manage risk and to adequately
insure such risk through liability insurance or self-insurance.
04P.159.01
Corpus__//� Christi, Texas
NAL day of �]
, 198$
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE C OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones a.t./
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19059
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NOECES §
•
I, the undersigned, City Secretary of the City of Corpus Christi, Texas,
do certify that the foregoing is a true and correct copy of Resolution No.
19059, passed and approved by the City Council on October 15, 1985, as same
appears in the Official Records of the City of Corpus Christi, Texas, of which
the City Secretary's Office is the lawful custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi,
Texas, this
( SEAL )
16th day of October , 1985.
gift—
Armandoty Secre ary
Corpus Christi, Texas