HomeMy WebLinkAboutCity Council - 5362 RESOLUTION NO. 5362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH URGING THE CONGRESS OF THE
UNITED STATES OF AMERICA TO PROVIDE ANTITRUST
LIABILITY EXEMPTION FOR MUNICIPALITIES
WHEREAS, the City of Huntington Beach is a political
subdivision and municipal corporation of the State of California ;
and
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
Antitrust law suits are being filed against municipalities in
ever-increasing numbers as a result of the Boulder decision ; and
These lawsuits threaten to destroy the traditional municipal
regulation of such matters as zoning, cable television, ambulance
services, airports and utility services ; and
Claims for monetary relief seeking hundreds of millions of
dollars for treble damages under the antitrust laws threaten the
fiscal integrity of municipalities ; and
The costs to municipalities in defending against these claims
are extremely high because of the need to hire costly outside
counsel ; and
The Federal antitrust laws were never intended to apply to
the legitimate activities of local government; and
The legitimate activities of local government are particu-
larly unsuited for the application of Federal antitrust statutes;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Huntington Beach 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.
1.
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PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of March 1984.
May
ATTEST: INITIATED AND APPROVED
AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED:
City Administrator
Res. No. 5362
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
1, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of March 1984 , by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Thomas, Finley, Ba-ley, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Kelly
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California