HomeMy WebLinkAboutResolution - 1222G - Support Legislation Regarding Municipal Regulatory Activities - 09/23/1982DGV:js
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RESOLUTION 1222-G - 9/23/82
TML Legislation
WHEREAS, the recent Supreme Court decision in Community Communications Co.,
Inc. v. City of Boulder exposes cities to potential anti-trust liability in any
situation where the particular governmental activity has not been specifically
authorized by state statute; and
WHEREAS, the Constitution of the State of Texas has provided since the
adoption of the Home Rule Amendment early this century that home rule cities in
Texas may take any action not prohibited by State law or the Constitution; and
WHEREAS, much city government activity requires the regulation of business
and occupations directly and indirectly to ensure the health, safety and wel-
fare of a city's citizens; and
WHEREAS, the Supreme Court's decision in Boulder may render Art. 11, Sec.
5, of the Constitution ineffective; and
WHEREAS, the City Council of the City of Lubbock believes it would be in
the best interest of the citizens of the City of Lubbock and the citizens of
all other Texas cities to support State legislation ratifying and enabling pre-
sent municipal activities; and
WHEREAS, any attempt to further limit city immunity from anti-trust claims
by amending present State anti-trust law should not be supported in any
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby supports legislation
designed to give detail ratification and enablement of present municipal regu-
latory activities in accordance with the U.S. Supreme Court decision in Com-
munity Communications Co., Inc. v. City of Boulder; and
THAT any attempt to pass legislation further limiting municipal anti-trust
legislation by amending present State anti-trust laws be and is hereby opposed.
Passed by the City Council this 23rd day of Sept r 1982.
r
BILL MCALISTER, MAYO
AT EST:
E elyn Gaf ga, City Sec a ar reasurer
APPROVED
AS
TO CONTENT:
APPROVED
AS TO FORM:
Assi tant_C pager
Donald G.
Vandiver, Asst. City Attorney
Jim Bl
g,