The following definitions are adopted for the purpose of defining
the terms used in this division of the city code:
All claims made and lawsuits filed against the city and its
employees, officers and appointees which would be paid from city funds
if paid, settled or compromised. It does not include claims or lawsuits
that would be paid by an insurance company for the city, even if the
city was required to pay a deductible.
(Ordinance 88-47, sec. 1, adopted 5/10/88; 1957 Code, sec. 2-100)
The city council determines that it would be in the best interest
of the city that claims be settled, compromised and paid pursuant
to the following regulations:
(1)
After
investigation, any claim of fifty thousand dollars ($50,000.00) or
less that is recommended for approval by the city attorney, and approved
by the city manager or his duly appointed representative, may be settled
without further approval.
(2)
After
investigation, any claim that is in excess of fifty thousand dollars
($50,000.00) and that is approved by a committee consisting of one
(1) or more councilmembers appointed by the city council, the city
manager or one (1) or more employees appointed by the city manager
and the city attorney, may be settled subject to city council ratification.
The committee shall establish its own rules.
(3)
All
claims in excess of fifty thousand dollars ($50,000.00) shall be placed
on the consent agenda of the city council for ratification.
(Ordinance 88-47, sec. 1, adopted 5/10/88; Ordinance 2005-17, sec. 1, adopted 6/28/05; 1957
Code, sec. 2-101; Ordinance 2008-27 adopted 7/8/08)
The city is authorized to make a claim for compensation or file
suit to collect a city claim in the following manner:
(1)
The
city attorney is authorized to make a claim or pursue litigation to
collect any claim of the city.
(2)
The
committee, consisting of one (1) or more councilmembers appointed
by the city council, the city manager or one (1) or more employees
appointed by the city manager and the city attorney, is authorized
to retain a private attorney to pursue litigation to collect a city
claim on a contingent-fee basis plus expenses.
(Ordinance 89-80, sec. 1, adopted 10/24/89; 1957 Code, sec. 2-102)
(a)
When
the city or a city employee responds to an emergency call or reacts
to an emergency situation, regardless of whether any declaration of
emergency has been declared or proclaimed by a unit of government
or official, neither the city nor any of its employees shall be liable
for any failure to use ordinary care in such emergency. Only if the
action is taken with conscious indifference or reckless disregard
for the safety of others shall the city or any city employee be found
to violate the requisite standard of care.
(b)
This
section shall prevail over every other provision of this code or ordinance
of the city, and, to the extent to which the city has the authority
to so authorize, over any other law establishing a standard of care
in conflict with this section.
(Ordinance 99-42, sec. 1, adopted 8/24/99; 1957 Code, sec. 2-103)
