HomeMy WebLinkAboutCC RES 82-161RESOLUTION NO. 82- 161
A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF PALM DESERT, �
CALIFORNIA, URGING THAT LEGISLATION BE IMMEDIATELY ADOPTED BY THE
CONGRESS OF THE UIVITED STA7'ES EXEMPTING MUMCIPALITIES FROM LIABILITY
; UNDER THE FEDERAL ANTITRUST LAWS AS STATES ARE NOW EXEMPTED
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WHEREAS, the United States Supreme Court, in Community Communications v.
City of Boulder, 102 S.Ct. 835 (1982), held that the grant of extensive home rule powers to
municipalities was insufficient to meet the state action exemption test of Parker v.
Brown, 317 U.S. 341 (1943); and
WHEREAS, antitrust law suits are being filed against municipalities in ever
increasing numbers as a result of the Boulder decision; and "
WHEREAS, these lawsuits threaten to destroy the traditional municipal regulation
of such matters as zoning, cable television, ambulance services, taxicabs, airports and
utility services; and
WHEREAS, claims foc monetary relief seeking hundreds of millions of dollars for
treble damages under the antitrust laws threaten the fiscal integrity of municipalities; and
WHEREAS, the costs to municipalities in defending against these claims are
extremely high because of the need to hire costly outside counsel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm
Desert, G�lifornia, urges that legislation be immediately adopted by the Congress of the
United States which will exempt municipalities from liability under the Federal antitrust
laws in the same manner that states are now exempted.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California, at its Adjourned Meeting held on the 16th day of December, 1982, by
the following vote, to wit: •
AYES: Jackson, Kelly, Snyder, Wilson �c Puluqi
NOES: None
ABSENT: None
ABS"fAIN: None
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