Res 068-86 5/20/1986p
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RESOLUTION NO. ali
RESOLUTION TO PROVIDE INDEMNIFICATION TO CITY
OFFICIALS AND EMPLOYEES FOR DAMAGES RESULTING
FROM ACTS , OMISSIONS OR NEGLIGENCE COMMITTED IN
THE SCOPE OF EMPLOYMENT.
WHEREAS , the City of Wichita Falls recognizes that City
officials and employees need to have liability protection from
damages resulting from acts, omissions or negligence committed in
the performance of their duties, and Section 102 .001, et seq. , of
the Texas Civil Practice and Remedies Code authorize the City to
provide this protection.
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS , TEXAS , THAT:
The City Manager of the City of Wichita Falls is authorized to
pay, on behalf of any City of Wichita Falls official or employee,
such sums which the official or employee shall become legally
obligated to pay by reason of the acts, omissions or negligence
of said official or employee, subject to the limitations herein
below stated.
1 . The City of Wichita Falls will pay only actual damages,
court costs , and attorney 's fees adjudged against an official or
employee so covered by this resolution.
2 . The damages assessed must be based on an act or omission
of the official or employee in the course and scope of his or her
position of employment for the City of Wichita Falls .
3 . No indemnity will be provided for an act or omission
constituting gross negligence, or for official misconduct, or
for an act or omission made in bad faith, or for acts constituting
fraud, dishonesty or a criminal act on the part of the employee
seeking indemnity .
4 . No official or employee will be indemnified for any award
of punitive damages against said official or employee .
5 . The City will not indemnify any official or employee to
the extent that claimant 's damages are insured under a contract of
insurance or under any other plan of self-insurance authorized by
statute .
6 . The City of Wichita Falls reserves the right to refuse
such indemnification depending on the factual circumstances from
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which damages have arisen . The City Manager is authorized to
determine whether indemnification will be made available .
7 . Payments under this resolution may not exceed $100 ,000
to any one person or $300 , 000 for any single occurrence in the
case of personal injury or death or $10 ,000 for a single occurrence
of property damage .
8 . The City Attorney shall provide the legal representation
necessary to carry out this policy, unless there is a potential
conflict of interest between the City and the officer or employee,
in which case the City may employ other legal counsel to defend
the officer or employee . If an official or employee hires an
attorney to represent him/her without the consent and approval
of the City Attorney, the City shall not pay nor reimburse said
official or employee for the costs of representation, and the City
reserves the right to refuse indemnification under such circum-
stances .
9 . This resolution does not in any way supersede, amend,
repeal, nor impair the operation of Section 2-8 of the City of
Wichita Falls Code of Ordinances concerning notice of claims .
PASSED AND APPROVED this the , ,,a./day of AL-v.1986 .
M A Y O R
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ATTEST :
Cit Clerk