HomeMy WebLinkAboutResolution 1191A Resolution
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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 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
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. APPROVED BY
PASSED AND APPROVED at CITY COUNCIL l , Texas this day of
198 6.
ATTEST: NOV 1986 APPROVED:
City Secretary /h
of
of the
Mayor
C1TY OF FORT MR=