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34 OPflTNANCE 1990- 5 BE IT TEXAS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ARTICLE I OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY TO ADD SECTION 2-10 INDEMNIFICATION AND DEFENSE OF CITY OFFICERS AND EMPLOYEES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, PART I. That Article I, Chapter 2, Administration, of the City Code of Ordinances is hereby amended to add Section 2-10 entitled, Indemnification and Defense of City Officers and Employees to read as follows: Sec. 2-10. Indemnification and Defense of City Officers and Employees. (a) For the purposes of this section the following words shall be defined as follows: Covered person- shall include elected and appointed city officers, full-time and part-time city employees, and volunteers performing work for the city under the supervision and direction of a city employee; independent contractors performing work for the city shall not be included in this term. Loss- shall mean a sum of money is legally obligated to pay. which a covered person (b) The city shall indemnify and defend a covered person under the terms and conditions of this Section against a loss arising out of any claim, suit or judgment relating to an act or omission of the covered person during the course and scope of the covered person's office, employment, or assigned volunteer work for the city. (c) In cases arising from incidents or occurrences subject to the Texas Tort Claims Act (Texas Civil Practice and Remedies Code ~01.001 et ~., as amended), the city's obligation to indemnify shall be limited to the limits of liability for municipalities that are established by that Act, regardless of whether a claim is made against the city based on the incident or occurrence. (d) In addition to the coverage described in subsections and (c), the city will pay the following: (b) (l) The city's expenses in investigating and the claim or suit; defending ( 2 ) Court against a costs assessed covered person; (3) Reasonable expenses of the covered person at the city's request; and, incurred (4) Attorney's fees ordered by a court to be paid by the covered person. (e) To be entitled to coverage under this section a person must: covered (1) Notify the city attorney in writing as soon as practicable, but in no case later than three (3) working days, after receipt of written notice of a claim or lawsuit;