HomeMy WebLinkAbout17867 ORD - 10/05/1983AN ORDINANCE
AMENDING THE CODE OF ORDINANCES SECTION 39-16 TO PROVIDE
FOR THE INDEMNIFICATION AND LEGAL REPRESENTATION OF CITY
OFFICERS AND EMPLOYEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Section 39-16 of Chapter 39, Personnel, of the
Code of Ordinances of the City of Corpus Christi, Texas, as amended, be
amended by deleting from subsection (a) thereof the phrase "; provided,
however, that neither term shall include firemen and policemen whose rights
are governed by collective bargaining agreements pursuant to Article 5154c-1
V.A.T.S." and inserting in its place ", including firemen and policemen."
SECTION 2. That Section 39-16 of Chapter 39, Personnel, of the
Code of Ordinances of the City of Corpus Christi, Texas, as amended, be
amended by deleting subsections (b) and (c) thereof in their entirety and
substituting the following in their place:
(b) Indemnification. Any officer or employee who is
liable for the payment of any claims or damages,
excluding punitive damages, arising out of the course and
scope of employment shall be entitled to indemnification
by the city provided that the acts or omissions resulting
in such liability were done in good faith and without
malicious or felonious intent. For the purposes of this
section, the term "arising out of the course and scope of
employment" shall not include any action which occurs
during a period of time in which the officer or employee
is engaged in outside employment or is rendering
contractual services to someone other than the city.
Whether the acts were done in good faith, without
malicious or felonious intent, and within the course and
scope of employment shall be determined by the city, and
such determination shall be final for the purposes of the
representation and indemnity of this section; provided,
however, that in the event such representation and
indemnity have been denied by the city, if upon a trial
on'the merits the city determines that the officer or
employee was acting in good faith, without malicious or
felonious intent and within the scope of employment the
indemnification hereunder shall be granted and reasonable
legal expenses incurred in the defense of the claim
reimbursed. The city shall not be liable for any
settlement of any such claim or suit effected without its
consent, and the city reserves the right to assert any
defense and make any settlement of any claim or suit that
it deems expedient.
(c) Representation in actions. The city shall have the
right and duty to provide legal representation through
the city attorney, or in its discretion through the
selection of outside legal counsel, to any officer or
employee sued in connection with any claim for damages or
other civil action against such person arising out of the
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MICROFILMED
course and scope of employment, provided that such
officer or employee is entitled to indemnification as set
forth in this section. Such legal representation shall
be provided at no cost to the officer or employee, and
any officer or employee may have his or her own counsel
assist in the defense at the sole expense of the officer
or employee. The officer or employee shall cooperate
fully with the city in preparation and presentation of
the case, and the failure to cooperate shall waive such
officer's or employee's right to representation and
indemnity under this section.
SECTION 3. That Section 39-16 of Chapter 39, Personnel, of the
Code of Ordinances of the City of Corpus Christi, Texas, as amended, be
amended by adding to subsection (d) thereof the following sentence "For any
suit or claim arising under the Texas Tort Claims Act, the indemnity provided
by this section shall be limited to the statutory limits applicable to the
city provided in said Act, as amended."
SECTION 4. This ordinance shall take effect immediately upon its
final passage, and the provisions hereof shall be applicable to all incidents
arising thereafter.
That the foregoing ordinanc was read for t} fjrst t'me and p sed to its
second reading on this the # day of �,(/j/lt ,� , 19/5 , by the
following vote: 7�
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Lea Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That therforegoinginnordinance was read for th time and p13 d to its
third reading on this the day of G,Qq 19 bythe
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregqjpg ordinan wa rad for the rd time and passed finally
on this the day of �, 19 645. , by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the day of
ATTEST:
16
C t Sery"
AP OVED:
/DAY OF , 193:
J. BRUCE AYCOCK, ITY ATTORNEY
O[d% , 1943'
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
17 try
1
411,
STATE OF TEXAS,
County of Nueccs.
PUBLISHER'S AFFIDAVIT
AD#34542
City of C.C.
Before me, the undersigned. a Notary Public, this day personally came..
GRACIE DE LUN. ......�, who being first duly sworn. according to law, says that he is the
ADM. ASST : SECRETARY of the Corpus Christi Caller and The Corpus Christi Timm,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. 17867...
of which the annexed is a true copy, was published in CALLER—TIMES PUBLISHING CO.
on the. .galgay of. October 191, and once each__ day thereafter for_ on r.
consecutive. day
One Tinea
$ 22.77 GRACIE DE LUNA X09—e—. 4?Q.r
ADM. ASST. SECRETARY
Subscribed and sworn to before me this_.12th 19 R3
EDNA KOSTER
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