HomeMy WebLinkAboutOrdinance 17652-07-2007ORDINANCE NO. 1766?r0'7 20(Y7
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IX, OF THE CODE
OF THE CITY OF FORT WORTH, "PERSONAL LIABILITY INDEMNITY
PLAN", RAISING THE MAXIMUM AMOUNT PAYABLE ON BEHALF OF A
PLAN MEMBER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has a personal liability indemnity plan whereby the City
will pay actual damages, court costs and attorney's fees arising from certain types of claims and
lawsuits against City employees, volunteers and elected or appointed officers;
WHEREAS, it is advisable to increase the amount of maximum amount of coverage per
event;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Section 2-293 (a), "Limits of Coverage~~, is hereby amended by raising the maximum amount
payable per event, as follows:
(a) The city will pay the actual damages for any claim, lawsuit, or judgment covered by this
article. Payments under this article by the city will not exceed $100,000 per occurrence,
unless otherwise required by state law.
SECTION 2.
Section 2-294, "Exclusions", the concluding clause of the section is hereby amended to raise
the maximum amount payable under the Plan as follows:
Nothing in this section shall prohibit the city, in its discretion, on a case by case basis, from
providing legal representation and paying damages, court costs and attorney's fees required to be paid
by a plan member in any claim or lawsuit, to the extent and in the amount provided for by the Plan,
unless otherwise required by state law.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct
1.
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of
such ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this ordinance of any such
nonconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
',
A'~taTit°City Attorney
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AdoptedrJuly 17, 2007
Effective: U. ~ ~ t ~~
2.
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City of Fort VI/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 -Ordinance #17652-07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 12PLIP REFERENCE NO.: **G-15782
SUBJECT:
Adopt Ordinance Amending Chapter 2, Article IX of the Code of the City of Fort Worth, the "Personal
Liability Indemnity Plan" to Increase the Maximum Amount of Indemnification Provided by the
Personal Liability Indemnity Plan
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance amending Chapter 2, Article IX,
entitled "Personal Liability Indemnity Plan" of the Code of the City of Fort Worth, to increase the maximum
amount of indemnification provided by the Personal Liability Indemnity Plan.
DISCUSSION:
The City's Personal Liability Indemnity Plan establishes, among other conditions and procedures, the
maximum amount of financial indemnification that the City will pay for one event. Currently, the maximum
amount payable on behalf of an employee is the minimum amount required for motor vehicle insurance
under Texas law. Texas law provides a maximum payment amount for personal injury per injured party, a
maximum payment amount for personal injury per event, and a maximum payment amount for property
damage per event. The recommended change increases the total aggregate amount payable per claim, for
any manner of injury or damage.
The attached ordinance increases the maximum amount of coverage per event, for all types of injuries or
damages, to $100,000. The increase is advisable in order to better enable the City to deal with a serious or
catastrophic event.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will leave no material effect in City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~
Or~inating Department Head:
Additional Information Contact:
Karen Montgomery (6222)
David Yett (7623)
Gerald Pruitt (7616)
Luis E. Fierros (7609)
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 7/17/2007