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HomeMy WebLinkAbout19277 ORD - 04/22/1986AN ORDINANCE RELATING TO PROVISION OF INSURANCE COVERAGE; ESTABLISHING UNIFORM CRITERIA FOR PROVISION OF INSURANCE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the City of Corpus Christi has a moral obligation to assure that its citizens will be adequately compensated as a result of bodily injury or property damage caused by persons who are permitted to work on City property or who receive the privilege and opportunity to provide services or commodities to the citizens; and WHEREAS, the City has a legal obligation to protect its taxpayers from unnecessary financial loss due to the negligent acts of others and this obligation is carried out through the promulgation of insurance, indemnification and other risk transfer techniques; and WHEREAS, the nation, the State of Texas, and the City of Corpus Christi in particular are undergoing a crisis in insurance in that premiums are being drastically increased, coverages reduced, and insurance cancelled; and WHEREAS, the City has required different insurance coverages for different functions through the course of the years; and WHEREAS, insurance requirements liability and risks are changing so rapidly that a need exists to allow flexibility in the provision of such coverage without the necessity of amending each and every ordinance, and at the same time to provide uniform insurance policy requirements throughout the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. There is hereby established a uniform consistent requirement for comprehensive general liability insurance required of each and every activity throughout the city wherever situated in the amounts of $100,000 per person, $300,000 per occurrence, and $50,000 property damage. Those levels are established as the uniform requirement wherever insurance is required by any City ordinance, contract, or any other requirement. As each existing anniversary date for insurance renewal occurs, the requirement on the person, business, or entity required by the City to provide insurance shall be consistent with the amounts required herein. The Director of Safety and Risk Management, or successor, shall provide other comprehensive general liability insurance requirements or forms as such activity may necessitate in accordance with the ordinance. 06P.025.01 19277 MICROFILMED SECTION 2. The Director of Safety and Risk Management or the City Manager's designee is hereby authorized and directed to review each such insurance requirement upon its anniversary date and determine whether the above requirement is adequate or not depending upon the risk to the citizens to be protected. Such Director is authorized to require an increase of those coverages or allow a decrease of those coverages as deemed fit based on the following criteria: 1. The specific nature of the activity to be carried out and the liability incurred thereby; 2. Who will perform the work, provide the service, and/or sell the commodity; 3. Who receives the benefit of the work, activity, commerce or other endeavor and compensation for such; 4. What the specific risks are associated with the activity; 5. What exposure those risks present to the contractor, employees, City employees, the public or private property of persons for whom the services are provided; 6. What the specific risks are to the general public; 7. How severe the effects of an incident might be that would give rise to a loss in that activity; 8. What the past experience has been with regard to similar incidents, contracts, risks, or other services; 9. Given a location where the work, activity, or contract is being performed, the risk involved, the probability of loss, and the possible financial extent of such loss, how much and what type of insurance or other considerations should be required; 10. An evaluation of loss experience, case law, insurance availability, and existing protection available to or in the City of Corpus Christi; 11. The need for risk management techniques to pre -plan the financial means by which to cover such a loss and to be flexible enough to adjust limits and coverage to give adequate and complete foreseeable coverage for all intentional acts based upon reasonable pricing and availability of coverage. SECTION 3. Based upon the above and foregoing criteria the Director of Safety and Risk Management shall have the authority to adjust coverages of limits of contractors, permittees, franchisees, vendors, license holders and any other person, business or entity required by the City to provide insurance so as to adequately protect the City of Corpus Christi and its residents as a result of acts of themselves or other parties so that normal operations and City services can continue without disruption. The impact of assumption of risk by the City will be evaluated based upon the coverage provided by the City's self-insurance program. The Director of Safety and Risk Management shall 19277 04-22-86 evaluate each such insurance requirement and advise each such party who has the responsibility of providing the insurance what shall be required for each coming term. SECTION 4. In the event of dissatisfaction with the decision of the Director of Safety and Risk Management, any affected person shall have the right to appeal that decision to a committee composed of the Director of Safety and Risk Management, the City Finance Director, and the City Attorney. That committee shall promptly meet, consider the determination of the Director of Safety and Risk Management and any information from any affected person including insurance industry representatives and either confirm that decision or modify the decision as the evidence so requires. SECTION 5. To the extent that the insurance requirements stated in this ordinance conflict with or contradict insurance requirements established by any other ordinance, contract, or document, such other ordinance, contract, or document is repealed to the extent of any such conflict and this ordinance shall take precedent and control from the effective date of this ordinance and ordinances, contracts, or documents of the City requiring insurance shall be in conformity herewith and shall merely recite that insurance is required in accordance with the provisions hereof. SECTION 6. The Director of Safety and Risk Management is hereby authorized to execute all releases and other documents related to insurance claims and to endorse for and on behalf of the City any payments made to or by third party vendors arising from insurance claims. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular 06P.025.01 meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 22nd day of April, 1986. ATTEST: City Secretary MAYOR THE CITWOF CORPUS CHRISTI, TEXAS APPROVEgl.e6Y OF APRIL, 1986 06P.025.01 Corpus Christi, Q as oZL""- day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1986 For the reasons set forth in the emergency clause ofthe foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was pass by the following vote: Luther Jones Jl Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19277 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, iss: ADS 50152 County of Nueces. J CITY OR CORPUS CHRISTI CITY. SECRETARY • Before me, the undersigned, a Notary Public, this day personally came MURIEL LA RUE .., who being first duly sworn, according to law, says that he is the SEIjT,Q$ rT,Fam of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 19277 RELATING TO PROVISION OF INSURANCE of which the annexed is a true copy, was published in _,_CALLER—TIMES PUBLISHING CO. on the._____ day of on 19 86, and once each- _slay. thereafter for .one. consecutive day orie Times. 2415 MURIEL LA RUE Subscribed and sworn to before me this 4th da bf 19.....gb.. -" Notary Pub c, N -ces County, Texas EDNA KOSTER 11-30- d NOTICE OF PASSAGE OF 'will, ORDINANCE NO. 19277 RELATING TO PROVISION OF ; INSURANCE COVERAGE; ES- UNIFOR _ISyCRITTERIAI OR PROVISION OF INSURANCE; REPEALING ALL ORDINANCES IN CONFLICT; ,PROVIDING FOR SEVERABILI-. TY; AND DECLARING AN EMERGENCY. Was passed and approved by the City Council of the City of Corpus Christi, Texas on the 22nd day of April, 1986. The full text of said ordinance is available to the public in the • Office of the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas