The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
City attorney.
The duly appointed city attorney of the City of Euless.
City vehicle.
A vehicle or mobile equipment either leased or owned by the
city.
Loss.
An amount which a plan member is legally obligated to pay
resulting from an act or omission of the plan member which is covered
under this division.
Plan.
The city officer and employee liability plan as established
by this division.
Plan member.
A person who is:
(1)
An employee or officer of the city;
(2)
A member of a city board, commission or committee created by
Charter, ordinance or resolution of the city and a member of the board
of directors of any nonprofit corporation created under the authority
of the city council as an instrumentality of the city;
(3)
A member of the city council; and
(4)
A volunteer who has been approved as a volunteer by a departmental
volunteer coordinator and who is working under the direction of an
employee of the city.
(Code 1974, § 2-110)
This plan covers only acts or omissions occurring or alleged
to have occurred:
(1) While
the plan is in effect;
(2) Before
the plan was in effect (above any insurance coverage in effect) and
which are not barred by any statute of limitations; and
(3) If the
plan is cancelled, while the plan is in effect and which are not barred
by any statute of limitations.
(Code 1974, § 2-114)
Coverage under this division does not apply to a claim or lawsuit
that is brought against a plan member:
(2) Arising
out of the intentional or knowing violation of a penal statute or
ordinance committed by or with the knowledge or consent of the plan
member, or any claim arising out of acts of fraud committed by or
at the direction of the plan member with intent to deceive or defraud.
(3) Arising
either while the plan member is operating a city vehicle with no authority
to operate the vehicle, or while the plan member is operating a city
vehicle in the course of personal or private business.
(4) For
liability assumed by the plan member under a contract, unless the
contract is entered into at the request of the city.
(5) If the
plan member joins or attempts to join with the suit against the plan
member a claim against the city for benefits under this division.
(6) If the plan member fails to comply with section
2-284.
(7) For
punitive damages, where such damages are not recoverable in law or
against the city.
(8) For
damages expressly excluded under V.T.C.A., Civil Practice and Remedies
Code § 102.001(c) and (d).
(Code 1974, § 2-115)
If the payment or legal representation is provided under this
division, the city is subrogated to the plan member’s rights
of recovery against any person or organization to the extent of the
city’s liability and payments, and the plan member must execute
and deliver to the claims board whatever documents are necessary to
secure those rights in the sole opinion of the city attorney. The
plan member must not do anything after a loss to prejudice those rights.
(Code 1974, § 2-116)
If the city denies coverage to a plan member, the plan member
may seek a determination of coverage by a court of proper jurisdiction.
If the court rules in favor of the plan member, the city shall provide
the plan member all benefits under the plan and shall reimburse the
plan member for reasonable attorney’s fees, expenses and costs
incurred in obtaining the determination of coverage.
(Code 1974, § 2-118)
Nothing contained in this plan shall be construed as creating
a right or cause of action against a plan member nor giving a right
to a third party to institute or maintain a suit which would not otherwise
exist under law as a legal claim against a plan member.
(Code 1974, § 2-119)