[CC 1996 §100.070; CC 1981 §100.070; Ord. No. 669 §§1 — 2, 11-18-1985]
A.
In
the case of any claim asserted after November 18, 1985, by anyone
or any legal entity against any official or employee of the City of
Breckenridge Hills, whether said official or employee is elected or
appointed or otherwise retained, in which the claimant asserts that
such official or employee is civilly liable for monetary damages to
the claimant by virtue of any conduct, act or omission arising out
of the scope and course of such official's or employee's duties to
or employment by the City of Breckenridge Hills, the City of Breckenridge
Hills will indemnify such official or employee for financial liability
incurred thereby and provide him/her with legal defense counsel and
pay the costs of defense under the following conditions and only under
the following conditions.
1.
The funds and services provided by the City of Breckenridge Hills
under the provisions of this Section shall be only those amounts and
services which are reasonably necessary and which are in excess of
any amounts or services available to the official or employee pursuant
to any policy or contract of insurance which affords coverage to the
official or employee under the circumstances of the claim.
2.
No liability of such official or employee will be paid by the City
of Breckenridge Hills unless and until it is finally adjudicated as
a liability of such official or employee by a court or tribunal of
competent jurisdiction. However, notwithstanding the foregoing provision,
the City Council of the City of Breckenridge Hills may, on behalf
of the City, compromise, settle and pay any such claim before it is
finally adjudicated if they deem such action to be in the best interests
of the City of Breckenridge Hills and provided they create an appropriate
written record of their authorization of the compromise and settlement.
3.
The City of Breckenridge Hills shall not indemnify any official or
employee for losses or liability sustained by him/her as the result
of his/her willful, wanton, spiteful or vengeful conduct, act or omission
or his/her criminal conduct, act or omission or any conduct, act or
omission committed by him/her in bad faith or with fraud or deceit
or any conduct, act or omission which is oppressive or abusive of
his/her authority or conduct in which he/she ignores his/her legal
obligations or the legal rights of others which are known or ought
reasonably to be known to such official or employee. Nor shall the
City of Breckenridge Hills indemnify any official or employee for
losses or liability sustained by him/her as the result of his/her
conduct, act or omission whether or not such conduct, act or omission
was otherwise lawful, if such conduct, act or omission was done with
the intent to injure, damage or otherwise harm another individual
without adequate justification.
4.
No payment shall be made by the City of Breckenridge Hills under
the provisions of this Section which in the aggregate with all other
payments previously made hereunder in the same year is in excess of
ten percent (10%) of the annual budget of the City in the fiscal year
of the payment. If the indemnity cannot be paid in full in a single
payment without exceeding the foregoing limitation, the City shall
make any partial payment consistent with the limitation and defer
any additional payment to the next succeeding fiscal year.
B.
No
provision of this Section is intended to, nor shall any provision
hereof, be construed as a waiver or surrender of any privilege or
immunity available to the City of Breckenridge Hills. No provision
hereof was intended as, nor shall any provision hereof be construed
as, an assumption or admission of liability on the part of the City
of Breckenridge Hills for any past or future conduct, act or omission
of any of its officials, agents, employees or representatives.
[CC 1996 §100.090; CC 1981 §100.090; Ord. No. 778 §§1 — 8, 8-20-1990]
A.
The
City of Breckenridge Hills is hereby authorized to obtain, take and
receive all money and property authorized by any State or Federal
law to be forfeited to or for the benefit of the City of Breckenridge
Hills, Missouri.
B.
The
Mayor is hereby empowered to authorize the initiation of or participation
in any legal proceedings by the City of Breckenridge Hills necessary
or appropriate to effectuate the City's rights with respect to any
forfeiture of any property.
C.
The
City Clerk is hereby authorized and empowered to receive any funds
or property forfeited to or for the benefit of the City of Breckenridge
Hills and to take, manage and dispose of such money or property as
provided by law.
D.
The
City Clerk is hereby authorized and empowered to sell, on behalf of
the City, any forfeited property which may be received by the City
at public auction, advertised at least one (1) week prior to such
auction. The City Clerk shall obtain from each person purchasing any
item at such auction a receipt for each item purchased, containing
a description of the item or items, the amount paid for each item
and the name and address of the purchaser.
E.
The
City Clerk shall place all funds received by the City as forfeited
property or from the sale of forfeited property in appropriate accounts
of the City.
F.
All
forfeited funds or funds from forfeited property received by the City
shall be paid into the general revenues of the City unless the applicable
law or court order relating to such forfeited funds or property requires
the use thereof for a specified purpose. Any forfeited funds, property
or proceeds thereof required by law to be used for a specified purpose
are herein called special purpose property or funds. The City shall
use special purpose property or funds only for the purposes specified
in the law authorizing the City to receive such forfeited funds or
property.
G.
The
City Clerk, with the approval of the Mayor, may approve the use or
expenditure of any special purpose property or funds for the purpose
specified by law in an amount or value not to exceed three thousand
dollars ($3,000.00). Authorization of the use or expenditure of special
purpose property or funds in an amount or value of more than three
thousand dollars ($3,000.00) shall be made by the City Council by
resolution or ordinance.
H.
The
City Clerk and all other appropriate officers of the City are authorized
and empowered to sign any applications, documents or other papers
and to do any and all things necessary or appropriate to obtain any
forfeited funds or property on behalf of the City.
