Loading...
The city shall be subrogated to the plan member’s rights of recovery against any person, firm, corporation or organization, and the plan member shall execute and deliver to the city attorney whatever documents are necessary to secure those rights and shall do nothing to prejudice those rights.
(Ord. 9943, § 1, passed 9-1-1987)
(a) The city shall defend any claim or lawsuit against the plan member seeking damages to which this article applies even if any of the allegations of the claim or suit are groundless, false or fraudulent.
(b) The city attorney shall provide the legal representation to a plan member in any claim or lawsuit in which the plan member is covered by this article.
(c) If the city attorney determines that there is a conflict of interest for the city attorney in representing a plan member, and the plan member is entitled to coverage under this article, the city will pay the reasonable fees of outside legal counsel to represent the plan member. The outside counsel shall be selected by the city attorney.
(d) In any lawsuit where the city attorney is providing legal representation to a plan member, the plan member may hire or retain additional legal counsel; however, the city shall not pay or reimburse said plan member for the services of said legal counsel.
(e) The city shall not be liable for any settlement of any claim or lawsuit effected without its consent.
(f) The city reserves the right to assert any defense and make any settlement it deems expedient.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 14577, § 4, passed 4-4-2001)
Nothing in this article shall be construed as creating a cause of action against the city or plan member nor as the giving of any right to institute or maintain any suit or action which would not otherwise exist or be cognizable under law as a legal claim against the city or a plan member.
(Ord. 9943, § 1, passed 9-1-1987)
The city will pay the actual damages for any claim, lawsuit or judgment that a plan member is legally obligated to pay arising out of any act or omission committed in connection with the authorized off-duty operation of a city vehicle, provided that payments under this provision will not exceed the minimum coverage limits required by Tex. Transportation Code Chapter 601, as hereafter amended.
(Ord. 22767-06-2017, § 7, passed 6-20-2017)
Editor’s note:
Section 1 of Ord. 21652-02-2015, adopted February 17, 2015, repealed former Art. X, §§ 2-301 through 2-304, which had pertained to the department of equipment services, and derived from § 1 of Ord. 14697, adopted July 17, 2001. Section 1 of Ord. 21652-02-2015 also enacted this new Art. X, §§ 2-301 through 2-303, as set forth below. Sections 2-301, 2-302, and 2-303 were then repealed by § 20 of Ord. 24030-02-2020, adopted February 4, 2020. See also the Code Comparative Table.
Loading...