(a) Act. Administrative expenses.(1) (2) (3) (4) (5) Advertising injury. Advertising injury claim. Annual period. Assumed general liability claim. Assumed risks. Bodily injury. City attorney. City council. City manager. Claim. Claims adjuster. Corporate general liability claim. Corporate general liability conduct.(1) (2) (A) (B) (C) Corporate general liability damages. Corporate general liability expenses. Corporate general liability risks. Damages. Error or omission. Excluded payment.(1) (2) (3) (A) (B) (C) (4) (5) (6) (A) (B) (C) Finance director. Fund. Fund surplus. Injury. Law. Occurrence. Person. Personal injury.(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Personal injury claim. Plan claim. Plan loss expenses. Plan member. Program. Program claim. Program general liability claim. Program insurance. Program ordinance. Program risks. Property damage. Property damage claim. Regulatory injury. Risk assumption ordinance. Risk manager. Termination date.
Definitions.
The following terms, as used in this division, have the following meanings, unless the context requires otherwise:
Includes omission or failure to act.
The expenses of administering the program, to the extent designated as such by the city manager, including, but not limited to, the following:
The compensation paid to the risk manager or to any risk management consultant;
The compensation paid to any person or organization for the administration of the risk management program, including, but not limited to, claims adjuster, loss control services, management information services providers or any professional actuary;
Any expenses incurred by the city in the course of any financing undertaken to provide funding for the fund or to repay any obligation incurred by the city in the course of such a financing; or
The cost of program insurance that is purchased in accordance with this division.
Any injury to a person that results from the promotional activities of the city if such injury arises out of libel, slander, defamation, violation of right to privacy, commercial piracy, unfair competition, or infringement of copyright, title or slogan, registered trademark, service mark or trade name.
A program general liability claim in which the damages are asserted to be the result of advertising injury.
The period of twelve (12) consecutive calendar months beginning on the effective date of the program and on each successive anniversary of the effective date of the program.
Any plan claim for which the city, in the judgment of the risk manager, is liable.
The risks for which the city has assumed liability pursuant to the risk assumption ordinance (division 2 of this article).
Any physical harm or physical illness sustained by any individual, including a resulting death.
The city attorney of the city.
The governing body of the city.
The duly appointed and designated city manager of the city.
Any claim or suit against the city, or any claim or suit against any plan member that the city is responsible for defending under the risk assumption ordinance (division 2 of this article), regardless of whether any damages resulting from such claim or suit are permitted under this division to be paid from the fund.
Any person designated as a claims adjuster as provided for by section 1.08.074(b) of this division.
Any corporate general liability damages, together with the corporate general liability expenses that result from the claim giving rise to such corporate general liability damages, but does not include a workers’ compensation payment.
Any of the following:
Any error or omission that causes an injury;
Any conduct of the city or a plan member that:
Causes bodily injury, property damage, or regulatory injury that is not intended or expected by the actor;
Causes advertising injury that (i) is not intended or expected by the actor, and (ii) does not arise out of any statement that the actor knows is false; or
Causes personal injury or property damage (regardless of whether intended or expected by the actor) that results from (i) the use of reasonable force for the purpose of protecting persons or property, or (ii) the discharge of the actor’s official duties for the city.
The damages for which the city, in the judgment of the risk manager, is liable as a result of a claim arising from corporate general liability conduct.
The court costs, pre-judgment and post-judgment interest, attorneys’ fees, and any other expenses or costs for which the city, in the judgment of risk manager, is liable as a result of a claim giving rise to corporate general liability damages.
The risks for which the city, as a municipal corporation, may be held liable by operation of law in the course of performing its governmental or proprietary functions.
Compensatory damages, punitive damages, special damages or any other classification of damages that lawfully may be awarded against the city or a plan member as a result of a claim.
Any act of a plan member that results in or constitutes an erroneous or improper discharge of such plan member’s official duties for the city (including the making of an incorrect statement), but that does not constitute legally actionable fraud or an intentional or knowing breach of duty.
Any of the following payments:
The payment of a program claim that is not made while the program is in effect in accordance with applicable claims administration procedures;
The payment of any program claim involving damages that arise from the exercise by the city of is power of eminent domain;
The payment of all or that portion of any program claim, or of any other item for which a withdrawal from the fund is permitted by section 1.08.073(a) of this division, that, in lieu of payment from the fund, can be paid from:
The proceeds of insurance carried by the city, including, but not limited to, casualty or liability insurance, workers’ compensation insurance or property insurance;
The proceeds of any insurance carried under any health, accident or similar plan of benefits provided by the city; or
Any fund, reserves or other source of payment available to the city that has been designated or otherwise set aside for such purpose;
The payment of any program general liability claim arising from an injury that results from the distribution (whether by sale, gift or otherwise) of an alcoholic beverage, other than a distribution at an activity or function that is incidental to the city’s business, that:
The payment of any program claim arising from an injury that results from declared or undeclared war (including civil war, insurrection, rebellion or similar hostility) or any act or condition incident to war; or
The payment of any program claim:
In which the city’s liability exists by virtue of the Texas Tort Claims Act, chapter 101, Texas Civil Practice and Remedies Code, Vernon’s Texas Code Annotated, regardless of whether the city is a defendant, that exceeds the limits on liability applicable to the city under that statute;
That the city is otherwise granted immunity from paying or precluded from paying by law; or
In an amount that exceeds any limits prescribed by this division on the amounts of withdrawals that may be made from the fund to pay program claims.
The individual having the responsibility for the management of the city’s financial affairs.
The risk management fund created by section 1.08.075 of this division.
The amount of money in the fund that is in excess of the amount that, in the opinion of a professional actuary, is required to maintain the fund on an actuarially sound basis, to the extent reasonably practicable, for the period of time and the risks of loss for which it is then funded.
Any of the following injuries:
Includes the federal and state constitutions and statutes, the city ordinances, any administrative rules having the force and effect of law, and any controlling judicial decisions applicable to the city.
An episode, an incident or series of related incidents, or an event or series of related events that result in compensable injury to one (1) or more persons.
Includes an individual; partnership, trust or other association; corporation; or governmental entity or agency.
Any:
Bodily injury;
Mental harm, anguish, or illness (regardless of whether accompanied by bodily injury);
Discrimination;
Humiliation;
Assault;
False or improper service of process;
False imprisonment;
Damage to character, reputation or integrity;
Invasion of privacy;
Violation of property rights; or
Violation of civil rights.
Any program general liability claim in which the damages are asserted to be the result of personal injury.
Any plan claim as defined in the risk assumption ordinance (division 2 of this article).
Any plan loss expenses as defined in the risk assumption ordinance (division 2 of this article).
Any plan member as defined in the risk assumption ordinance (division 2 of this article).
The city self-insurance and risk management program established by section 1.08.072(a) of this article.
Any program general liability claim.
Any assumed general liability claim or any corporate general liability claim.
Any insurance (other than the self-insurance provided by the fund) that is obtained by the city pursuant to section 1.08.075(c) of this division.
This division and any amendments hereto.
Any of the following risks:
Any damage to or destruction of tangible property or the loss of use of tangible property.
A program general liability claim in which the damages are asserted to be the result of property damage.
Any economic loss sustained by a person as a result of any act by the city in the performance of its regulatory or property acquisition functions.
Ordinance No. 87/29 (which establishes the city risk management plan), as from time to time amended (division 2 of this article).
The person serving as the risk manager pursuant to section 1.08.075(a) of this division.
January 1, 1998, or any other date of termination of the program specified by ordinance or resolution of the city.
(c)
Titles.
The table of contents and the titles given to any section of this division are for convenience only and are not intended to modify or affect the meaning of this division.
(1996 Code, sec. 8.1001; Ordinance adopting Code)