Any and all claims made hereunder shall be referred
to the office of the Town Solicitor for opinion and recommendations
as to approval, compromise and/or denial.
With the exception of those claims compromised pursuant to the authority conferred by § 13-3 hereunder, the Town Solicitor shall provide an opinion and recommendation as to approval, compromise or denial of all claims referred in accordance with Subsection A hereof.
The aforementioned opinions and recommendations of
the Solicitor are advisory in nature and do not constitute binding
action upon the Town of Johnston.
The Town Solicitor is hereby authorized and empowered
to compromise and settle claims against the Town for damages and injuries
resulting from, or occasioned by, the negligent acts or omissions
of the Town, its officers, agents, or employees without prior approval
of the Mayor, the Town Council, or any committee or subcommittee of
the Town. The authority conferred herein shall apply to any claim
made against the Town and any actions commenced before any court or
quasi-judicial body of competent jurisdiction; provided, however,
that no settlement or compromise of any such claim or action may exceed
the sum of $1,000.
The Town Solicitor shall report any compromise(s)
or settlement(s) made pursuant to this chapter to the Mayor and the
Town Council on a monthly basis subsequent to any exercise of the
authority conferred herein.
If any person shall incur damage to their motor vehicle by reason of a pothole on any highway, causeway, street or bridge of the Town of Johnston, which damage would not have occurred without the existence of the pothole, the person may recover from the municipality the amount of damages sustained up to and not more than the sum of $300; provided, however, that the Town of Johnston had reasonable notice of the pothole, or may have had notice thereof by the exercise of proper care and diligence on its part, and a reasonable opportunity to repair the pothole. All claims shall be made within a period of seven days from the date on which the damage was sustained by filing a claim pursuant to Subsection A along with a police report with respect to the occurrence of such damage.
If any person shall incur damage to their sprinkler system or equipment that is at least four feet off the road due to the fault of the Town, such claim shall be filed pursuant to Subsection A. In no event shall the Town be responsible for damages to any sprinkler system or equipment that is located on a Town easement or within four feet of a Town easement.