HomeMy WebLinkAboutRes 1999-12
Resolution No. 99-12
RESOLUTION IN SUPPORT OF VOLUNTARY CLASS ACTIONS ON BEHALF
OF TEXAS MUNICIPALITIES
WHEREAS, it has come to the City's attention that Texas cities have historically
participated in class action lawsuits in this state; and
WHEREAS, Texas cities routinely benefit from collaborative proceedings and
coalition building fostered and promoted by class action suits for the collective good of
their citizens; and
WHEREAS, there are presently a number of pending class action suits filed on
behalf of Texas cities, includ ing ~ but not limited to the following:
City of Wharton, et aJ. v. Houston Lighting & Power Company,
Cause No. 96-016613, pend ing in Harris County, Texas;
City of Pharr, et at. v. Rio Grande Valley Gas Company, et al.,
Cause No. C-4558-96-A-2, pending in Hidalgo County, Texas;
City of Pear/and, et al" v. Noram Energy Corp., Cause No~ 3131-
JG97, pending in Brazoria County, Texas; and
WHEREAS, Texas cities have historically exercised their own decisions
regarding whether to remain in or opt out of class action suits filed in this state; and
WHEREAS, we find it to be in the best interest of our City to retain the right,
privilege and option to remain in and/or opt out of voluntary class action suits filed in the
State of Texas and which are or may be filed on behalf of Texas cities; and
WHEREAS~ nothing in this Resolution is intended to nor does it obligate our City
to participate in any future class action suits that may be fjJed, but rather the City
expressly retains its right and option to opt out of any class action suits, according to
law.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1 ~ The City by and through its elected officials, find it to be good public
policy for Texas cities to have the option, right and privilege to participate or not
participate in voluntary class action suits and to make its own decision as to whether to
remain in or opt out of any existing or future class action suits that may be filed~ Thus,
the City of West University Place therefore approves all pending class action suits in
which it has voluntarily opted to remain a class member and those suits in which it may
in the future choose to be a voluntary member as provided for in Rule 42, Tex. R. Civ.
P.
Section 2. All resolutions and parts of resolutions in conflict herewith are
hereby repealed to the extent of the conflicts only.
Section 3& If any word) phrase, clause, sentence, paragraph, section or other
part of this resolution or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the
remainder of this resolution and the application of such word, phrase, clause, sentencel
paragraph, section or other part of this resolution to any other persons or circumstances
shall not be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the datef hour, place and subject of each meeting at which
this resolution was discussedl considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof~
PASSED AND ADOPTED this 26th day of July, 1999.
ATTEST:
(SEAL)