[HISTORY: Adopted by the Municipal Council
of the City of Clifton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-20-1979 by Ord. No. 4493-79 (Article 8 of Chapter 12 of the Revised Ordinances of the
City of Clifton, New Jersey, 1960)]
This article is adopted pursuant to and in accordance
with the authority vested in a municipality by virtue of Chapter 184
of the Laws of New Jersey 1978 (N.J.S.A. 17:36-8 et seq.), signed
into law by the Governor of this state on January 8, 1979. The terms
and provisions of said Chapter 184 are hereby adopted by reference
and incorporated herein just as though fully recited in this article.
In the event that any provision of this article varies or is not in
accordance with the terms and provisions of the aforementioned Chapter
184, then it is intended that the terms and provisions of said chapter
shall prevail.
No insurance company authorized to issue fire
insurance policies in this state shall pay any claims in excess of
$2,500 on any real property located within the City of Clifton, unless
and until all taxes and assessments and all other municipal liens
or charges due and payable appearing on an official certificate of
search shall have been paid either by the owner of such real property
or by the insurance company pursuant to and in accordance with the
terms and provisions of said Chapter 184, or until the City submits
to the insurance company a copy of a resolution adopted pursuant to
and in accordance with the terms and provisions of said chapter.
Upon adoption of this article, a certified copy
thereof shall be filed with the State Commissioner of Insurance.
This article shall become operative as soon
as the aforementioned Chapter 184, by its terms, becomes operative.
[Adopted 10-5-2016 by Ord. No. 7326-16]
A.
State statutes (N.J.S.A. 40A:100-1 et seq.) permit a local unit of
local government to provide for insurance against loss by either insuring
with any insurance company authorized to do business in the State
of New Jersey, or through the creation of various insurance funds.
B.
A combination of both methods results in the best opportunity to
provide coverage at the lowest cost to the City of Clifton.
C.
Said statutes referenced above require the establishment of insurance
funds where coverages are to be retained and administered by the local
unit of government.
There is established an insurance fund in accordance with the
provisions of N.J.S.A. 40A:10-6, and for the reasons set forth therein,
and to:
A.
Insure against any loss or damage, however caused, to any property,
motor vehicles, equipment or apparatus owned by it or owned by or
under the control of any of its departments, boards, agencies or commissions;
B.
Insure against liability resulting from the use or operation of motor
vehicles, equipment or apparatus owned by or controlled by it or owned
by or under the control of any of its departments, boards, agencies
or commissions;
C.
Insure against liability for its negligence and that of its officers,
employees and servants, whether or not compensated or part-time, who
are authorized to perform any act or services, but not including an
independent contractor within the limitations of the New Jersey Tort
Claims Act (N.J.S.A. 59:1-1 et seq.); and
D.
Provide contributory or noncontributory self-funded, or partially
self-funded, health benefits to employees or their dependents, or
both, in accordance with rules and regulations of the Director of
the Division of Local Government Services in the Department of Community
Affairs.
The Municipal Council may designate the maximum or minimum amount
of the insurance fund, and from time to time, provide for the disposition
of any excess over and above the maximum amount fixed or of the interest
or profits arising therefrom when the funds shall have breached the
maximum limit.
Pursuant to the discretionary authority contained in N.J.S.A.
40A:10-12 et seq., the Workers' Compensation Insurance Fund is
established.
