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78R8162 DLF-D

By:  Stick                                                      H.C.R. No. 198



CONCURRENT RESOLUTION
	WHEREAS, Henry Aratow, James Drinkard, Minerva Drinkard, 
Peter Kopels, Trudy Leggett, and Tamila Seal allege that:
		(1)  the City of Austin is responsible for the 
maintenance and inspection of a regional detention stormwater 
management pond, designated as pond #342, for the Slaughter Creek 
Watershed, in accordance with the City of Austin's Drainage 
Criteria Manual;
		(2)  on November 14 and 15, 2001, a mild to moderate 
rainfall fell in Hays and Travis counties, Texas, followed by heavy 
rainfall on the afternoon of November 15, 2001;
		(3)  because the drainage grate for pond #342 was 
improperly constructed, the City of Austin failed to timely remove 
debris from the pond, and an embankment of the pond was too short, 
the pond flooded on November 15, 2001;
		(4)  the flooding of the pond resulted in flooding in 
the Tanglewood Forest Subdivision, causing significant damage, 
including loss of life;
		(5)  the City of Austin failed to maintain and inspect 
pond #342 in accordance with the city's Drainage Criteria Manual, 
including applicable safety criteria, and was aware of dangerous 
conditions resulting from this failure before and during the 
flooding on November 15, 2001;
		(6)  during the flooding on November 15, 2001, the City 
of Austin failed to place barricades across certain areas affected 
by the flooding, and, as a result of this failure, Nathan Leggett 
was killed after attempting to drive through the intersection of 
Alcott Lane and Gwendolyn Lane in the Tanglewood Forest 
Subdivision; and
		(7)  the City of Austin's negligence in maintaining and 
inspecting pond #342 resulted in bodily injury, death, and property 
damage for which Henry Aratow, James Drinkard, Minerva Drinkard, 
Peter Kopels, Trudy Leggett, and Tamila Seal are entitled to 
recover damages; now, therefore, be it
	RESOLVED by the Legislature of the State of Texas, That Henry 
Aratow, James Drinkard, Minerva Drinkard, Peter Kopels, Trudy 
Leggett, and Tamila Seal are granted permission to sue the City of 
Austin in the manner described for a suit against the state under 
Chapter 107, Civil Practice and Remedies Code; and, be it further
	RESOLVED, That the mayor of the City of Austin be served 
process.