89-86 Enact new section 127.02 - claims against City

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ORDINANCE NO. 89-86 BY: Brown, Chinnock, Gallagher, Graham, McBride, iSalmon, Wendling AN EMERGENCY ORDINANCE to supplement Chapter 127 of the Administrative Code of the Codified Ordinances of the City of Lakewood by enacting new Section 127.02 to provide for the adminstration and settlement of claims for and against the City of Lakewood. WHEREAS, Chapter 2744, including Section 2744.07, of the Ohio Revised Code effective November 20, 1985, contains provisions relating to immunity and civil liability of a city for damages by reason of injury, death or loss to persons or property allegedly caused by an act or ommission of a City or the employees thereof in connection with a governmental or proprietary function of the City and requires that the City defend and indemnify its employees whenever the alleged act or omission occurred or is alleged to have occurred while the employee involved was acting in good faith and not manifestly outside the scope of his or her employment or official responsibilities, and WHEREAS, cities have become increasingly exposed to higher risk levels of uninsured liability claims by reason of present trends in the insurance industry, including increasing premiums and termination or decreasing liability coverage resulting in no insurance coverage for certain claims or increasing levels of risk retention, and WHEREAS, the City has recently purchased a $100,000.00 self insured retention liability insurance policy and it is necessary under present circumstances to provide for more efficient administration and settlement of claims, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 127 of the Administrative Code of the Codified Ordinances of the City of Lakewood are hereby supplemented by enacting new Section ].27.02 to read as follows: 127.02 SETTLEMENT AUTHORIZATION. (a) The Director of Law or any Assistant Director of Law designated by the Director of Law shall have the power and authority to adjust, settle, compromise or submit to arbitration any actions, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the City, or 'in which the City is concerned as debtor or creditor, now existing or which may hereafter arise. Such power and authority shall include but is not limited to, power and authority to settle claims for damages and loss; in civil actions for injury, death, or loss to persons or property allegedly caused by any act or omission, whether governmental or proprietary, of the City or by an official or employee of the City, provided the act or omission of the official or employee occurred or is alleged to have occurred which such official or employee was acting in good faith and not manifestly outside the scope of his employment or official responsibilities. 1