HomeMy WebLinkAboutOrdinance 2668
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ORDINANCE NO. 2668
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AN ORDINANCE AMENDING CHAPTER 2 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES AND PROVIDING FOR
LIMITED INDEMNIFICATION OF PUBLIC OFFICERS AND
EMPLOYEES AND AUTHORIZING THE CITY MANAGER TO
SETTLE CLAIMS AND SUITS INVOLVING PAYMENTS NOT IN
EXCESS OF SEVENTY FIVE THOUSAND ($75,000) DOLLARS.
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WHEREAS, Section 108.002, Texas Civil Practice and Remedies Code, provides for a
limitation on liability of public servants if such public servants are provided
indemnification up to such amounts; and
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WHEREAS, Section 102.002, Texas Civil Practice and Remedies Code, limits the authority
of municipalities to indemnify public servants and prohibits payments for gross
negligence or exemplary damages; and
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WHEREAS, the City Council desires to authorize the City Manager to settle claims and suits
within limits; NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS.
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Section 1:
That Chapter 2 of the North Richland Hills Code of Ordinances is amended by
adding a new Article IV which shall read as follows:
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"ARTICLE IV. LAWSUITS
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Sec. 2-50. Indemnification.
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Except for actions arising under the constitution and laws of the United States, every officer
and employee ofthe City, other than a provider ofhealth care as that term is defined in Section
108.002(c) TEX. CIv. PRAC. & REM. CODE, is hereby indemnified, to the extent allowed by
Section 102.002 TEX. CIv. PRAC. & REM. CODE, for damages not exceeding $100,000 for
personal injury, death or deprivation of a right, privilege or immunity if the damages are the
result of a negligent act or omission by such officer or employee in the course and scope of
such person's office, employment or contractual performance of duties for or on behalf of the
City of North Richland Hills. This provision is enacted in order to limit the liability of public
servants under Section 108.002 TEX. CIv. PRAC. & REM. CODE.
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Sec. 2-51. Authority of City Manager.
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The City Manager is authorized to settle matters involving payment by the City of up to
$75,000.00, and to execute all settlement documents necessary to resolve claims and suits upon
Ordinance No. 2668
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the recommendation of the city's attorney after settlement is discussed with the council in
executive session."
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Section 2:
This ordinance shall be in full force and effect immediately upon passage.
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AND IT IS SO ORDAINED,
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Passed November 11, 2002.
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CITY OF NORTH RICHLAND HILLS
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PatncÜl:'HutSdll, CIty Secretary
By:
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O~ar Trevino, Mayor
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APPROVE~ AS TO FORM AND LEGALITY:
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Ordinance No. 2668
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