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HomeMy WebLinkAbout90-2833INDEMNIFICATION AND DEFENSE PLAN ORDINANCE NO. 90-2833 WHEREAS, the City Council of the City of Plainview did on June 12, 1990, at a regular session of said City Council pass and adopt Ordinance No. 90-2833. The descriptive caption of said Ordinance are as follows: AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE XIV, "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. Passed and Approved this 12th day of June, 1990. · ATTEST:~. % { \'Carla' Reese, City Secretary E.V. Ridlehuber, Mayor INDEMNIFICATION AND DEFENSE PLAN ORDINANCE NO. 90-2833 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE XIV, "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 commercial insurance coverage; and WHEREAS, the Legislature of the State of Texas had codified state law; 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 2-304, limits of coverage of Article XIV, 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, V.T.C.A., 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. PUBLICATION. The City Secretary is hereby authorized to publish this Ordinance in accordance with the law. SECTION 3. SEVERABILITY. Should any section, sentence, clause, provision, phrase, word or portion of this Ordinance be deemed invalid for any reason, such holding shall not render or invalidate any other section, sentence, provision, clause, phrase, word or portion severable therefrom and the same shall be deemed severable for this purpose. SECTION 4. EFFECTIVENESS. This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. 1 of 2 Passed and Approved this 12th day of June, 1990. ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: David Blackburn, City Attorney 2 of 2