HomeMy WebLinkAbout1986-1644 - Ordinance - 03/27/1986ORDINANCE NO. ]644
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION BY ADDING A NEW SECTION 11, ENTITLED "IN-
DEMNIFICATION OF ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOY-
EES''.
WHEREAS, heretofore previously, the City of College Station has
established an informal policy and practice to indemnify all
elected and appointed officials and employees of the City, wheth-
er by reason of contract, on a per diem, or regular salaried em-
ployees, from any lawsuits, claims or causes of action that may
be brought growing out of any action taken by them or alleged
failure on their part to take appropriate action as public offi-
cials and employees of the City of College Station; and
WHEREAS, the purpose and intent of this Ordinance is to provide
codification of the herein previously established policy and
practice of the City of College Station;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
That Chapter 8 of the Code of Ordinances of the City of College
Station be and the same is hereby amended by adding a new Section
1], which shall read as follows:
"SECTION ]]: INDEMNIFICATION OF ELECTED AND APPOINTED
OFFICIALS AND CITY EMPLOYEES.
ae
The City of College Station shall indemnify and hold harm-
less all elected and appointed officers, including volun-
teers appointed by the City and employees of the City, from
any and all claims, demands, causes of action, judgments or
costs associated therewith, that may be brought or rendered
against them in the performance of their duties as defined
by the expressed, written, or oral policy of the City Coun-
cil of the City of College Station, or by direct order of
the City Manager interpreting the directive of the City
Council.
Upon determination by the City Council that the official's
or employee's conduct was not illegal, unlawful, willfully,
or intentionally malicious, negligent or otherwise in viola-
tion of the policy of the City Council of the City of Col-
lege Station, the City Council shall designate legal counsel
for the purpose of providing representation for said persons
under the terms and provisions of this section.
In the event that any person defended hereunder seeks the
advice of and employment of outside legal counsel, the right
to benefits hereunder shall be subject to approval of the
City Council of the City of College Station. Approval by
the City Council of the use of outside counsel shall be sub-
ject to the reasonableness of the expenses incurred, the ap-
propriateness and adequacy of any defense offered, as well
as all other factors relating to the handling of any such
claim or cause of action.
De
The City Council of College Station shall have no obliga-
tion for payment of any damages or expenses incurred by
reason of illegal, unlawful, willful, or intentional acts of
a malicious nature, negligent acts, or actions otherwise in
violation of the policy of the City Council of the City of
College Station. Nor shall the City of College Station have
any obligation by operation of law to indemnify or hold
harmless any individual from any award of punitive damages."
II.
Should any section, paragraph, sentence, clause, phrase or word
of this ordinance be declared unconstitutional or invalid for any
purpose, the remainder of this ordinance shall not be affected
thereby.
III.
This ordinance shall become effective from and after its passage
and publication in accordance with the City Charter of the City
of College Station.
PASSED,
19 86
ADOPTED and APPROVED this
City SEcretary
27TH day of March .,
KAYO/~ARY HALTER
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