R99-008 02-08-99RESOLUTION NO. R99-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, 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, including, but not limited to the following:
City of Wharton, et al. v. Houston Lighting & Power
Company, Cause No. 96-016613, pending in Harris County,
Texas;
City of Pharr, et aL v. Rio Grande Valley Gas Company,
et al., Cause No. C-4558-96-A-2, pending in Hidalgo County,
Texas;
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 filed, but rather the City
RESOLUTION NO. R99-8
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 PEARLAND, TEXAS:
Section 1. That the City Council finds 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, 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.
PASSED, APPROVED and ADOPTED this the r~~/''
A. D., 1999.
ATTEST:
~p~ROV%D AS T: FORM:
DARRIN M. COKER
CITY ATTO RN EY
TOM REID
MAYOR
2
__ day of ~CLpv~ ~ r%/,
FRCV 0' 0l1 11' N
LAMIAACK Fax # 713-223-0937 (TOE) 1' 26' 99 16:53/7, ,6:52/NC, u3620234(4 P
L SS
--CON FIDENTIAI-.
ATTORNEY/CLIENT COMMUNICATION
Adoption of Resolution
November 5, 1998
Dear Wharton Class Member:
URGENT ACTION NEEDED!
PLEASE ACT NOW TO SAVE YOUR RIGHTS.
In similar class action suit brought on behalf of Texas cities against various gas
and electric utility companies, the defendant utility companies have asked the Texas
Supreme Court to prevent cities such as yours from participating in traditional class
action suits Lawyers with the Texas Municipal League ("MIL") have indicated that
they intend to oppose the utility companies' arguments. Other Texas cities are also
filing briefs opposing the utility companies' efforts and support the right of texas cities
to join together in class action suits to help save public dollars and not burden
taxpayers. In the absence of class action suits, many small cities would have no
effective opportunity to obtain Justice or recover owed amounts from large companies
due to the relative small size of these cities' budgets compared to the revenues available
to multi -million dollar gas and electric utility companies desiring to engage in
protracted litigation.
At present, Texas recognizes the right of Texas cities to participate in voluntary
class action suits if they desire. Specifically, Texas cities are not forced to participate
Confidential Attorney -Client Privilege
FROM O' QUINN Yx LAMINACK Fax # 713-223-0937
(TUE) 1, 26' 99 16:54/ ST. 16 ; 52/NO 4-62023404 P 4
IN RE: HL&P CLASS ACTION
November 5, 1998
the enclosed Resolution will be used to oppose efforts by defendants to dilute and strip
Texas cities of their option to participate in class action suits.
After you have passed the enclosed Resolution, we ask you to return a copy of the
executed Resolution in the enclosed self-addressed stamped envelope or to the
undersigned at the following address:
Benjamin L Hall, III
c/o Class Action Department
0 Quinn & Laminack
440 Louisiana Street, Suite 2300
Houston, Texas 77002
Should you have any questions or concerns regarding any of'the enclosed, please do not
hesitate to contact us at the toll free number 800-245-0249, extension 7635. When
-calling, state that you are calling regarding the Oty of Wharton class action litigation.
We thank you for your assistance.
Very
Benjamin L. all, III
Wharton ass Counsel
P.S. PLEASE ACT NOWT RETURN THE E. LOSEI) RESOLUTION
whartoninewsltrs/news.8
Confidential Attorney -Client Privilege