Ord. 0485 02-25-85ORDINANCE NO. 485
AN ORDINANCE PROVIDING FOR THE INDEMNIFICATION
OF OFFICERS AND EMPLOYEES OF THE CITY OF
PEARLAND, TEXAS IN LAWSUITS AND OTHER LEGAL
PROCEEDINGS BASED ON GOOD FAITH PERFORMANCE
OF DUTY; REQUIRING FINDINGS BY THE CITY
COUNCIL; PROVIDING FOR PAYMENT OF JUDGMENTS;
pROvIDING EXCEPTIONS TO THE APPLICATION HEREOF;
HAVING A REPEALER CLAUSE; HAVING A SAVINGS CLAUSE;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
wHEREAs, it is DECLARED tO be in the Public Interest
for the City of Pearland to provide for the indemnification and
legal defense of its officers and employees, whether elected or
appointed, against whom a lawsuit or other'legal proceeding is
filed based upon any act or omission arising out of the good
faith performance of their duties within the course and scope
of their employment;'
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PEARL~ND, TEXAS:
Section 1. Indemnification.
(a) The City of Pearland, Texas shall indemnify and
provide the legal defense for any elected or appointed officer
or employee who is named as a Defendant in any lawsuit or other
legal proceeding predicated upon any act or omission .arising out
of the good faith performance of his duties while acting within
the course and scope of his employment with the City of Pearland,
Texas, regardless of whether that person is named as a Defendant
in his official capacity, his individual capacity, or both. Pro-
vided, however, the City Council shall determine and make findings
relating to whether such officer or employee was engaged in the
good faith performance of his duties and acting within the course
and scope of his employment at the time of the act(s) or omission(s)
in question, and shall not indemnify or provide the legal defense
for any officer or employee found not to have been so acting.
(b) Any officer or employee for whom legal defense is
offered and/or provided by the City pursuant to this ordinance
who employs other counsel shall do so at his sole cost and
expense, and such cost and expense shall not be reimbursed
by the City. Provided further, that it is the inten~ of the
City Council to have final'decision-making authority in the
choice of counsel to provide legal defense as set forth herein.
Section 2. Payment of Judgments.
If a final judgment is entered against an officer
or employee who has been found by the City Council, pursuant
to Section 1 hereof, to have acted in good faith and within
the course and scope of his employment, the City shall pay
the monetary amount of such final judgment just as if the
same had been entered against the City.
Section 3. Exceptions.
The provisions of this Ordinance shall not apply to
acts personal to the officer or employee nor to those acts in
which the City has an adverse interest.
Section 4. Repealer Clause.
Ail Ordinances and parts of Ordinances in conflict
herewith are hereby repealed, but only the extent of the con-
flict.
Section 5. Savings Clause
If any section~ subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 6. Codification Clause.
It is the intent of the City Council that this Ordi-
nance shall be taken and codified into the City Code of Ordinances,
and any section, part or subpart thereof may be renumbered accord-
ingly for that purpose.·
Section 7. Effective Date.
This being an Ordinance not requiring publication, the
same shall be in force and effect from and after its second and
final reading and passage thereof.
day of
PASSED AND APPROVED ON FIRST READING this the
~~ , A.D., 1985.
//
ATTEST:
City y
Mayor, City of Pearland,
Texas
the
PASSED AND APPROVED ON SECOND AND FINAL READING this
. ~'~ day of ~~.~w~__ , A.D., 1985.
Mayor, City of Pearland,
Texas
ATTEST:
City ~cretary
APPROVED AS TO FORM: