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HomeMy WebLinkAboutResolution - 1126 - Request Amendments-Clayton & Sherman Antitrust Act-Exempt Cities From Liability - 06_10_1982JCR:cl RFg0TJTTT0W RESOLUTION 1126 - 6/10/82 A RESOLUTION REQUESTING SPECIFIC ADMENDMENTS TO THE CLAYTON AND SHERMAN ANTITRUST ACT TO EXEMPT CITIES AND OTHER UNITS OF LOCAL GOVERNMENT FROM LIA- BILITY UNDER SAID ACTS. WHEREAS, the people of the State of Texas have long advocated the right to participate directly in the affairs of local municipal government, and WHEREAS, the people of the State of Texas did in 1912 see fit to reserve unto themselves this right by the passage of Art. 11 §S of the Constitution of the State of Texas which authorized home rule government for municipalities in the State, and WHEREAS, since 1912 cities in the State of Texas which qualify have had the ability to discharge all matters of local self government not inconsistent with the Constitution of the State of Texas or the general laws of the State, and WHEREAS, the flexibility of home rule municipal government in the State allowed cities to address matters of local interest and afford local citizen input at all levels of city government, and WHEREAS, the City Council of the City of Lubbock finds that the government closest to the people is best able to address their needs and desires, and WHEREAS, the entire concept of home rule government has been seriously placed in jeopardy as a result of the decision.byrthe Supreme Court of the United States in the case of Community Communication Co., Inc. v. City of B and WHEREAS, the Supreme Court of the United States in the aforementioned case did hold that municipalities enjoyed State immunity from Federal Antitrust laws only when cities acted pursuant to a clearly articulated and affirmatively expressed State policy, and WHEREAS, the only way for municipalities to insure that they have shelterec themselves from such liability is to seek passage of State legislation specifi- cally authorizing municipal governments to undertake each activity it seeks to engage in on the local level, and WHEREAS, the practice.of having to seek State legislation specifically authorizing each activity of local government will effectively bring to an end local home rule government and will abridge the rights of local citizens to ha input into local self government, and WHEREAS, the decision of the U.S. Supreme Court in the Boulder case will effectively disrupt home rule government currently enjoyed by local municipal governments in the State of Texas and will further result in vexing and pro- tracted litigation at the expense of local citizens, and WHEREAS, the decision of the U.S. Supreme Court in the Boulder case will apply to home rule cities and all other political subdivisions of the State, WHEREAS, the decision of the U.S. Supreme Court in the Boulder case will encourage this type of Antitrust litigation against political subdivisions of the State and result in a further crowding of Federal Court dockets in this country, and WHEREAS, the Federal Antitrust laws provide that all damages found against a political subdivision will be trebled and attorney fees will be assessed, and WHEREAS, any judgment rendered against a political subdivision will ulti- mately be born by local citizens either in a direct assessment or a loss of needed municipal services, and WHEREAS, the City Council of the City of Lubbock finds that it is in the best interest of its citizens and the nation as a whole to preserve and protect local home rule government and to discourage rather than encourage vexing and protracted litigation against local government, and WHEREAS, the City Council finds that there is an immediate need to request that both the Sherman Antitrust Act and the Clayton Antitrust Act be amended re- spectively as follows: 15 U.S.C. §1-7, §7 Persons defined The word "person", or "persons", wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations exist- ing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State or the laws of any foreigi country, except that, only for the purpose of being sued under the pro- visions of this Act, the word "person" or "persons" in sections 1 to 7 shall not include any unit of local government, including but not limited to cities, counties, boroughs, parishes, towns, townships or villages or any metropolitan or regional board, authority, association, commission or corporation whose members are governmental entities, nor shall "person" or "persons" include the elected or appointed members of any of the afore - noted governmental units, in either their official or individual capacities 15 U.S.C. §12-27, §12 Words defined The word "person" or "persons" wherever used in this Act shall be deemed to include corporations and associations existing under or autho- rized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country, except that, only for the purpose of being sued under the provisions of this Act, the word "person" or "persons" wherever used in this Act shall not include any unit of local government, including but not limited to cities, counties, boroughs, parishes, towns, townships or villages, or any metropolitan or regional boards, authorities, associations, commissions, of corporations whose members are governmental entities, nor shall "person" or "persons" include the elected or appointed members of any of the afore - noted governmental units, in either their official or individual capac- ities. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the foregoing amendments to the Sherman and Clayton Antitrust Acts be forwarded, by copy of this Resolution, to the following: U.S. Congressman Kent Hance U.S. House of Representatives Washington, D.C. 20500 U.S. Senator John Tower U.S. Senate Washington, D.C. 20510 U.S. Senator Lloyd Bentson U.S. Senate Washington, D.C. 20510 THAT each of the foregoing elected officeholders be and is hereby reque to introduce necessary Federal legislation to incorporate the above proposed amendments into the existing Sherman and Clayton Antitrust Acts. THAT a copy of this Resolution be forwarded to the Texas Municipal League with a request that a similar Resolution be introduced at its annual meeting on behalf of all Texas cities. Passed by the City Council this 10th day of June 1982. -Z e'z�' P- BILL MCALIS ER, MAYOR -ATTEST: Evelynr'G ffga, City ec et -Treasurer APPROVED AS TO FORM: -,Q4C J C. Ross, Jr., Ci y atorney CITY OF LUBBOCK LUBBOCK, TEXAS BILL McALISTER MAYOR The Honorable John Tower United States Senate Washington, D. C. 20510 Dear Senator Tower: June 14, 1982 The City of Lubbock, Texas, along with other communities across this nation, is becoming increasingly concerned about the erosion of control that we have over the affairs that affect our citizens. The decision of the Supreme Court in the Community Communications Company, Inc. v. City of Boulder case has dramatically altered the relationship between cities and states to the extent that it may mark the end of the "home rule" movement in this country. This decision is in direct conflict with the stated goals of the Reagan Administration to move decision making closer to the people. Cities today are the primary ,providers of non-discriminatory services to the citizens of this country. To clothe the states in antitrust protection and yet leave cities fully exposed will result in more costly and less efficient delivery of those vital services provided by cities. The City Council of the City of.Lubbock urges you to introduce immediately, amendments to both the Sherman and Clayton Antitrust -Acts to provide cities with the same protection afforded states. The City Council has unanimously passed a resolution which is attached and which includes.the specific amendments that we believe necessary. The significance of these amendments on the future ability of cities to function as the important part of the Federal System they have become, cannot be overstated. Your assistance in bringing this problem to the attention of the Congress will be appreciated. Si el , Bill McAlister Mayor BMC:rb attachment ' Same letter sent to The Honorable Kent Hance, Lloyd Bentsen, Alan Beals and Dick Brown