HomeMy WebLinkAboutBack-Up from Law DeptSec. 18-221. - Created; sources.
(a) There is hereby created a city self-insurance and insurance trust fund, the fund to which shall be
credited all money deposited in the city treasury by appropriation or from any other source, together
with any unexpended balance of any appropriation heretofore made for the expenditure of public funds,
for or accruing from:
(1) The payment of claims and judgments against the city involving the acts of officers or employees
of the city or property belonging to the city.
(2) Insuring or providing for the insurance of any real or personal property or operation of the city
against risks or hazards.
(3) The maintenance of hurricane disaster funds.
(4) The recovery of tort claims against other parties.
(5) Fines and forfeitures levied against employees as a result of being found responsible for
preventable accidents.
(6) Amounts received from parties contracting with the city for providing insurance coverage to
protect the parties for any and all risks involving activities or property associated with the
contracts.
(7)
Income accruing from the investment of the trust funds.
(b) Such funds are to be expended in accordance with the provisions and for the purposes stated in this
article. The fund shall be segregated from other funds in the city treasury and shall be administered
by the board of trustees appointed for that purpose.
(Code 1967, § 16-47; Code 1980, § 18-93)
Sec. 18-232. - Responsibilities of city attorney.
(a) The city attorney shall perform or supervise the performance of all legal services required to
accomplish the purposes of the self-insurance and insurance program. Legal services shall include,
but not be limited to, the defense or prosecution or negotiation of settlement agreements of all claims
or suits, the investigation of all claims and settlement of those claims found to be well founded for
which the amounts claimed are payable from the trust fund.
(b) The city attorney and such of his assistants and claims adjusters as he may designate may
compromise, settle and pay all claims which may be discharged by payment of an amount not to
exceed $25,000.00 for each individual claim. Such settlements or compromises shall be for all
damages claimed for personal injury, property damage, or both.
(c) Proposed settlements in excess of $25,000.00 shall be submitted to the city commission for its
approval prior to acceptance. The city commission shall waive its attorney -client privilege of
confidentiality for said settlements for purposes of review by the Financial Emergency Oversight Board.
(d) Upon approval by the city commission or the city attorney, as specified in the two preceding paragraphs
[subsections (b) and (c) of this section], the city attorney shall authorize the payment of the claim by
the finance director and provide such documents as the finance director may require.
(e) The city attorney shall render such report or reports for the settlement of claims to the committee and
the city commission as they shall require.
(Code 1967, § 16-58; Ord. No. 8718, § 1, 10-26-77; Ord. No. 10072, § 1, 1-23-86; Code 1980, §
18-104; Ord. No. 11583, § 1, 12-30-97)
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Sec. 18-232. - Responsibilities of city attorney.
(a) The city attorney shall perform or supervise the performance of all legal services required to
accomplish the purposes of the self-insurance and insurance program. Legal services shall include,
but not be limited to, the defense or prosecution or negotiation of settlement agreements of all claims
or suits, the investigation of all claims and settlement of those claims found to be well founded for
which the amounts claimed are payable from the trust fund.
(b) The city attorney and such of his assistants and claims adjusters as he may designate may
compromise, settle and pay all claims which may be discharged by payment of an amount not to
exceed $25,000.00 for each individual claim. Such settlements or compromises shall be for all
damages claimed for personal injury, property damage, or both.
(c) Proposed settlements in excess of $25,000.00 shall be submitted to the city commission for its
approval prior to acceptance. The city commission shall waive its attorney -client privilege of
confidentiality for said settlements for purposes of review by the Financial Emergency Oversight Board.
(d) Upon approval by the city commission or the city attorney, as specified in the two preceding paragraphs
[subsections (b) and (c) of this section], the city attorney shall authorize the payment of the claim by
the finance director and provide such documents as the finance director may require.
(e) The city attorney shall render such report or reports for the settlement of claims to the committee and
the city commission as they shall require.
(Code 1967, § 16-58; Ord. No. 8718, § 1, 10-26-77; Ord. No. 10072, § 1, 1-23-86; Code 1980, §
18-104; Ord. No. 11583, § 1, 12-30-97)
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