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<br />. <br /> <br />. <br /> <br />RESOLUTION NO. 98-15 <br /> <br />RESOLlffION IN SUPPORT OF VOLUNTARY CLASS <br />ACTIONS ON BEHALF OF TEXAS MUNICIPAliTiES <br /> <br />. . . * <br /> <br />WHEREAS, it has come to the City's attention that Texas cities have historically participated in class action <br />lawsuits in this state; and <br /> <br />WHEREAS, Texas cities routinely benefit from collaborative proceedings and coalition building fostered and <br />promoted by class action suits for coUective good of their citizens; and <br /> <br />WHEREAS, they are presently a number of pending class actions suits filed on behalf of Texas cities, <br />including, but not limited to the following: <br /> <br />City of Wharton, et at v. Houston Lighting & Power Company, et <br />al.; Cause No. 96-016613; pending in Hams County, Texas; <br /> <br />City of Pharr, et 81. v. Rio Grande Valley Gas Company, et al; <br />Cause No, C-4558-96-A-2; pending in Hidalgo County, Texas; and <br /> <br />City of Pearl and, et al. v. Noram Energy Corporation, Cause No. <br />3131-J097, pending in Brazoria County, Texas; and <br /> <br />WHEREAS, Texas cities have historically exercised their own decisions regarding whether to remain in or <br />opt out of class action suits filed in this state and <br /> <br />WHEREAS, we find it to be in the best interest of our City to retain the right, privilege and option to remain <br />in and/or opt out ofvolWltary class action suits filed in the State of Texas and which are or may be filed on behalf <br />of Texas cities; and <br /> <br />WHEREAS, nothing in this Resolution is intended to nor does it obligate our City to participate in any future <br />class action suits that may be filed, but rater the City expressly retains its right and option to opt out of any class <br />actions suit, according to law. <br /> <br />NOW THEREFORE, BE IT RESOLVED AND ORDAINED that the City by and through its elected <br />officials, find it to be good public policy for Texas cities to have the option, right and privilege to participate or not <br />participate in voluntary class action suits and to make their own decisions as to whether to remain in or opt out of <br />any existing or future class action suits that may be filed. Thus, this City, therefore approves all pending class <br />action suits in which it has voluntarily opted to remain a class member and those suits in which it may in the future <br />choose to be a voluntary-member as provided for in Rule 42, Tex. R. Civ. P <br />