HomeMy WebLinkAbout87-645 02-10-1987RESOLUTION NO. 87 -645
WHEREAS, cities throughout the State have experienced dramatic changes in the last
several years concerning the availability, cost, and adequacy of public liability
insurance; and
WHEREAS, such changes have had a profound detrimental impact on the financial
condition of cities and have increased the burden on their taxpayers; and
WHEREAS, annual increases in the cost of premiums for such insurance by several
hundred percent have become commonplace; and
WHEREAS, such insurance has, in many instances, become unavailable to Texas
cities; and
WHEREAS, a major cause of such insurance crisis is the explosion of tort liability
and damage awards in this State and throughout the Nation; and
WHEREAS, a trend is occurring which has resulted in an increase in the amount of
and number of court awards based on factors which are not related to economic
loss, including awards for pain and suffering, and awards of punitive damages; and
WHEREAS, in this year, a Texas Court of Appeals upheld an award of punitive
damages against a municipality, such case being the first reported case of a Texas
Appellate Court upholding an award of punitive damages against a municipality; and
WHEREAS, in this year, the Texas Supreme Court held, for the first time, that
attorneys' fees may be awarded against a municipality under the Texas Attorneys
Fees Statute; and
WHEREAS, The City Council of the City of Euless finds that in order to ameliorate
the insurance crisis and the financial burden resulting therefrom, and in order
to reduce the frequency of excessive court awards, which awards both cause and
exacerbate such crisis, it is necessary that the Legislature adopt legislation for
the reform of tort law, and adopt legislation affecting the kind and amount of
damages that may be awarded against municipalities in Texas;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Euless, that the
City Council urges the Members of the Legislature to adopt legislation for the
reform of tort law, and adopt legislation governing the character and amount of
damages that may be awarded against municipalities in Texas.
PASSED AND APPROVED at a regular meeting of the Euless City Council on the 10th
day of , February , 1987, by a vote of 5 ayes, 0 nays, and 0
abstentions.'
ATTEST:
APPROVED:
Z7kftagail‘?
Harold Samuels, Mayor
Kay Ra :'ey, City 4cretary