HomeMy WebLinkAboutR-1998-15
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RESOLUTION NO. 98-15
RESOLlffION IN SUPPORT OF VOLUNTARY CLASS
ACTIONS ON BEHALF OF TEXAS MUNICIPAliTiES
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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 coUective good of their citizens; and
WHEREAS, they are presently a number of pending class actions suits filed on behalf of Texas cities,
including, but not limited to the following:
City of Wharton, et at v. Houston Lighting & Power Company, et
al.; Cause No. 96-016613; pending in Hams County, Texas;
City of Pharr, et 81. v. Rio Grande Valley Gas Company, et al;
Cause No, C-4558-96-A-2; pending in Hidalgo County, Texas; and
City of Pearl and, et al. v. Noram Energy Corporation, Cause No.
3131-J097, 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 ofvolWltary 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 filed, but rater the City expressly retains its right and option to opt out of any class
actions suit, according to law.
NOW THEREFORE, BE IT RESOLVED AND ORDAINED that 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 their own decisions as to whether to remain in or opt out of
any existing or future class action suits that may be filed. Thus, this City, 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
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