[CC 1990 ยงย 2-1; Ord. No. 7 ยงย 1, 6-1-1988]
Pursuant to Section 77.042, RSMo., a City Administrator form
of government for the Third Class City of Chesterfield is adopted.
[CC 1990 ยงย 2-3; Ord. No. 195 ยงยงย 1 โ 9, 10-17-1988]
A.ย The City may, in its discretion, indemnify any person who was or
is a party or is threatened to be made a party to any threatened,
pending or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative, other than an action by or in the
right of the City, by reason of the fact that he/she is or was a public
official, whether elected or appointed, officer, employee or agent
of the City or its boards or commissions or was serving at the request
of the City on any other governmental board or commission against
expenses, including attorney fees, judgments, fines and amounts paid
in settlement or compromise, actually and reasonably incurred by him/her
in connection with such action, suit or proceeding if he/she acted
in good faith and in a manner he/she reasonably believed to be in
or not opposed to the best interest of the City and, with respect
to any criminal action or proceeding, had no reasonable cause to believe
his/her conduct was unlawful or unconstitutional. The termination
of any action, suit or proceeding by judgment, order, settlement,
conviction, or upon a plea of nolo contendere or its equivalent, shall
not, of itself, create a presumption that the person did not act in
good faith and in a manner which he/she reasonably believed to be
in or not opposed to the best interest of the City and, with respect
to any criminal action or proceeding, had reasonable cause to believe
that his/her conduct was not unlawful; except that no indemnification
shall be made in respect of any claim or matter as to which such person
shall have been adjudged to be liable for negligence or misconduct
in performance of his/her duty to the City unless and only to the
extent that the court in which the action or suit was brought determines
upon application that, despite the adjudication of liability and in
view of all the circumstances of the case, the person is fairly and
reasonably entitled to indemnity for such expenses which the court
may deem proper.
B.ย Expenses incurred in defending a civil or criminal action, suit or
proceeding may be paid by the City in advance of the final disposition
of the action, suit or proceeding as authorized by the City Council
in the specific case upon receipt of an undertaking by or on behalf
of the public official, employee or agent to pay the expense of such
action.
C.ย Any person seeking indemnification from the City shall, in the event
of any occurrence and upon receipt of notice of any claim, suit, action
or proceeding, promptly notify in writing the City Administrator of
the City of the identity of the person seeking indemnification and
also reasonably obtainable information with respect to the time, place
and circumstance that give rise to the occurrence, including the name
and address of the injured party and of any witnesses.
D.ย The person seeking indemnification shall cooperate with the City
in any investigation, defense, negotiation or compromise of any claim,
suit or action, even if any of the allegations of the suit are groundless,
false or fraudulent and the City may make such investigation and settlement
of any claim or suit as it deems expedient, but the City shall not
be obligated to pay any claim or judgment or expense, including attorney
fees unless and until the benefits of any insurance, whether provided
by the City or by the person seeking indemnification, have been exhausted
and in no event in excess of one hundred thousand dollars ($100,000.00)
for any one (1) claimant or an aggregate of one hundred fifty thousand
dollars ($150,000.00) for all claims arising out of and upon the same
act or an aggregate of one hundred fifty thousand dollars ($150,000.00)
during any one (1) calendar year.
E.ย Any investigation, defense, negotiation or compromise covered by
this Section shall be conducted by the City Attorney or his/her designees.
F.ย The City may, in its discretion, purchase and maintain insurance
on behalf of the City or any person who is or was a public official,
whether elected or appointed, or an employee or agent of the City,
its boards or commissions, or is, or was serving on any other board
or commission at the request of the City against claims or causes
of action for property damage or personal injuries, including death,
caused while in the exercise of government functions.
G.ย The indemnification provided herein is intended for the personal
enjoyment, protection and welfare of the City, its public officials
whether elected or appointed, its employees or agents as herein set
forth and no such person can assign, sell, pledge, hypothecate or
in any other manner anticipate or dispose of such right to indemnification;
and no party recovering any such judgment, fines, amounts paid settlement
or compromise of claim or cause of action or expense, including attorney
fees, against a person eligible for indemnification can sue the City
to recover or enforce any claim for indemnification.
H.ย Nothing herein shall be construed to broaden the liability of the
City, its public officials whether elected or appointed, its employees
or agents nor to abolish or waive any defense at law which might otherwise
be available to the City, its public officials whether elected or
appointed, its employees or agents.
I.ย The payment of such amounts as may be necessary for the benefit of
any person covered hereby are deemed necessary and proper public purposes
for which funds of this City may be expended.
[CC 1990 ยงย 2-4; Ord. No. 367, 11-6-1989; Ord. No.
529, 12-3-1990; Ord. No. 1836, 3-18-2002; Ord. No. 2225, 12-5-2005]
The City, by Ordinance No. 367, adopted November 6, 1989, has
adopted a retirement plan for the employees of the City. Said retirement
plan is not set out herein, but is on file and available for inspection
in the office of the City Clerk.
[CC 1990 ยงย 2-5; Ord. No. 505 ยงยงย 1 โ 2, 10-1-1990]
A.ย In accordance with Chapter 77.600, RSMo. 1986, no action shall be
maintained against the City on account of any injuries growing out
of any defect or unsafe condition of or on any bridge, boulevard,
street, sidewalk or thoroughfare in the City, until notice shall first
have been given in writing to the Mayor.
[Ord. No. 2963, 7-17-2017]
B.ย Notice shall be given within ninety (90) days of the occurrence for
which such damage is claimed. The notice shall state the place where,
the time when such injury was received, the character and circumstances
of the injury and that the person so injured will claim damages therefor
from the City.