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HomeMy WebLinkAboutResolution No. 86-17 CITY OF THE COLONY, TEXAS RESOLUTION NO. ~_~-] 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS APPROVING AN INDEMNITY AGREEMENT FOR EMPLOYEES AND OFFICERS OF THE CITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Texas Civil Practice and Remedies Code, (the "Code"), allows governmental units to indemnify officers and employees for civil damages incurred as a result of negligence suit; and WHEREAS, the City Council of the City of The Colony, Texas (the "City") finds and determines that it is in the best interest of the citizens of the City to approve an indemnity agreement consistent with the provisions of Chapter 102 of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY THE COLONY, TEXAS: Section 1. That all the matters stated in the preamble are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Council hereby approves the Indemnity Agreement attached hereto as Exhibit "A" and incorporated herein for all purposes. Section 3. That this resolution shall be effective from the date of its passage by the City Council. PASSED this c~-~ay of ~, 1986. CITY OF THE COLONY, TEXAS ~I~ayor Pro t~'m, Don Amuck ATTEST: APPROVED: EXHIBIT A ~TATE OF TEXA~ § COUNTY OF DENTON § INDEMNITY AGREEMENT WHEREAS, pursuant to Chapter 102 of the Texas Civil Practice and Remedies Code (the "Code"), the City of The Colony (the "City") may lawfully authorize the expenditure of public funds for the defense and payment of actual &smages awarded against the officers and employees of the City who have been sued in their official capacities provided the suit involves an action of the of fleer or employee within the scope of his or her authority in the performance of public duties; and WHEREAS, the City desires to defend and indemnify the officers and employees of the City from and against any and all liability, loss, damage, expense, cause of action, suit, claim or judgment arising from iniury to a person or property resulting from or based upon a negligent act or omission by the officer or employee in the course and scope of his or her authority, in the performance of public duties on behalf of the City. NOW, THEREFORE, FOR IN AND CONSIDERATION of the service of the individual officers and employees to the City and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged and confessed, the City agrees as follows: 1. The City shall defend and indemnify the officers and employees of the City from and against any and all liability, loss, damage, expense, cause of action, suit, claim or judgment arising from injury to person or property resulting from or based upon a negligent act or omission by the officer or employee in the course and scope of his or her authority in the performance of public duties on behalf of the City. The provisions of this Agreement shall be available to the individuals who are serving or have served as officers or employees of the City whether or not such individuals are actually serving in such capacity at the time the claim is asserted, the suit is filed, the damage is sustained or the judgment is rendered, provided the individuals are serving in that capacity at the time of the aet or omission complained of and at the time the cause of action arises. 2. (a) An "officer" is defined as any person who was, is, or shall be a lawfully elected or lawfully appointed officer or member of a eomlnission, board or any other unit, operating under the jurisdiction of the City. (b) An "employee" is defined as any person, including an officer or agent, who is in the paid service of the City by competent authority, but does not include an independent contractor, an agent or an employee of an independent contractor, or a person who performs tasks the details of whieh the City does not have the legal right to control O'161X (e) The terms of this Agreement shall extend to the estate, heirs, legal representatives or assigns of a person who was an officer or employee at the time of the act or omission upon which a claim is based. 3. An officer or employee must comply with the following requirements to be entitled to indemnification under this Agreement: (a) Notify the City attorney as soon as practicable upon reeeipt of written notice of a elaim or lawsuit but in no event later than three (3) working days after receipt; (b) Cooperate with the City attorney and, upon request by the City attorney, assist in making settlement, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the City because of injury or damage eovered under this Agreement; (c) Attend hearings and trial.~ and assist in securing and giving evidenee and obtaining the attendance of witness; (d) Not, except upon advice of the City attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or lawsuit; (e) Not, except at his or her own cost, voluntarily make any payment, assume any obligation, or incur any expense with rcspeet to a claim or lawsuit without the consent of the City. 4. This Agreement shall not apply to damages awarded against a City offieer or employee: (a) That arise from a cause of action for official misconduct; (b) That arise from a cause of action involving a willful or wrongful act or omission, or an act or omission constituting gross negligence; (e) That arise from an intentional or knowing violation of a penal statute or mxlinanee; (d) That arise from any intentional or knowing act of fraud. (e) That arise from a cause of action brought by the City against the of fleer or employee. (f) If the officer or employee falls to comply with Section 3 of this Agreement. 5. This Agreement to indemnify and pay for the defense of the officers and employees of the City shall he payable solely out of available cash revenues for the then current fiscal year unless the City Council levies, in accordance with the Constitution and the laws of the State of Texas, a tax sufficient to pay the obligation. Authorization is hereby given for the expenditure of public funds in accordance with this Agreement. -2- 6. The City shall pay the damages and costs eove~ed by this Agreement that an officer or employee is legally obligated to pay, except that the City shall not be obligated for amounts in excess of the limits contained in Section 109..00~ of the Code or for amounts recoverable under an insurance contract or a self-insurance plan authorized by statute. 7. The legal counsel provided by the City to represent an officer or employee under the terms of this Agreement may be the regularly employed counsel for the City, unless there is a potential conflict of interest between the City and the officer and employee named as a defendant, in which case the City may employ other legal counsel to defend the suit. Legal counsel provided under this Agreement may settle the portion of any claim or suit which may result in the payment of damages by the City under this Agreement. 8. in accordance with Section 102.005 of the Code, neither the City nor the officer or employee named as a defendant shall be required to advance security for costs or give bond on appeal or writ of error. 9. This Agreement shall be subject to and governed by the laws of the State of Texas. ~~ay ~~. EXECUTED this of ,1986. CITY OF THE COLONY, TEXAS ~ c M~(~r ~ Pro~_t em ATTEST: City Secretary [SEAL] O].6XX --3--