HomeMy WebLinkAbout88-2735353
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING
CHAPTER 4, "ADMINISTRATION", ARTICLE 12, "OFFICER
AND EMPLOYEE LIABILITY PLAN", OF THE PLAINVIEW CITY
CODE, AS AMENDED; AMENDING A PROVISION REGARDING
THE LIMITS OF COVERAGE AS SUCH ARE SET FORTH BY STATE
LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Plainview, Texas has
found in Ordinance No. 86-2677 a need to establish an
indemnification and defense plan due to an absence of adequate
commercial insurance coverage, and
WHEREAS, the 70th Legislature of the State of Texas has
changed state law in regard to the limits of coverage for which a
municipality may be liable, and
WHEREAS, the City Council of the City of Plainview, Texas finds
it to be in the best interest of the City to amend its Code
provisions in order to conform with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW:
That Section 2-274, limits of coverage, of Article 12, of the
Code of the City of Plainview, Texas, is hereby amended to read as
follows:
Section 1. The City will pay losses covered by this plan that
a Plan member is legally obligated to pay, except that in cases
arising under Chapter. 101, Title 5, Section 101.021, Civil Practice
and Remedies Code, VTCA, as amended, the City will pay losses
covered by this plan that a member is legally obligated to pay, up
to but not exceeding the limits of liability provided by law, as
amended for units of government.
Section 2. In addition to the coverage provided in Section 1,
the City will pay:
The City's expenses in investigating and defending the
claim or law suit;
bo
Costs taxed against a plan member in a suit covered by
this plan and interest that accrues after entry of
judgement for the City has deposited payment with the
court on that part of the judgement which does not
exceed limits of coverage;
Co
Reasonable expenses of the plan member incurred at the
City's request;
1 of 2
Attorneys fees ordered by the court to be paid by the
plan member.
Section 3. This ordinance shall be in full force and effect
from and after its passage as provided by law.
PASSED AND APPROVED, on first reading this 12th day of January,
1988.
PASSED AND APPROVED, on second and final reading this 26th day
of January, 1988.
E.V. RIDLEHUBER, Mayor
ATTEST:
CARLA REESE, City Secretary
APPROVED AS TO CONTENT:
DAVID BLACKBURN, Assistant City Attorney
2 of 2