R87-07 02-23-87 RESOLUTION N0. R87-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEXAS, SUPPORTING TORT REFORM.
PEARLAND,
WHEREAS, cities throughout the State have
changes in the last several years concerning the
and adequacy of public liability insurance; and
experienced dramatic
availability, cost,
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 unavail-
able 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 Pearland, Texas 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
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amount of damages that may be awarded against municipalities in Texas;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Pearland, Texas:
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 on this
A. D., 1987.
Mayor
ATTEST:
CitY~Sre~taryjr~~
APPROVED AS TO FORM:
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