HomeMy WebLinkAboutCity of Tamarac Ordinance O-1990-0101
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Temp. Ord. # IV93
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-90- 10
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
TAMARAC, FLORIDA ENTITLED "ADMINISTRATION" BY
AMENDING SECTION 2-342 PROVIDING FOR SELF-
INSURANCE FOR WORKERS COMPENSATION, TORT AND
LIABILITY CLAIMS; PROVIDING FOR THE
APPOINTMENT OF A DIRECTOR BY THE CITY
MANAGER; PROVIDING FOR RESPONSIBILITY FOR
ADJUSTMENT OF CLAIMS; PROVIDING FOR AUTHORI-
ZATION OF SETTLEMENT UP TO $10,000; PROVIDING
FOR SETTLEMENT IN EXCESS OF $10,000 BY THE
CITY COUNCIL; PROVIDING THAT LITIGATION BE
HANDLED BY THE CITY ATTORNEY AND/OR OUTSIDE
LEGAL COUNSEL; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in
the best interests of the City of Tamarac to develop a self-
insurance program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Code of Ordinances of the City of
Tamarac, Florida, Chapter 2, "Administration", Section 2--342
be amended to read as follows:
Sec. 2-342. Program created; coverages provided.
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1. The City is hereby authorized and empowered to be a
self -insurer as to the following ty2es of claims against the
City of Tamarac:
a. All claims for workers compensation 2ursuant
to the Florida Workers Com ensation Law.
b. Tort or
liability
claims
for all
risks for
which commercial
insurance
coverage
has
not been
purchased.
2. The City Manager shall appoint a Director of the
self-insurance 2rpgram, subject to the following:
a. The Director shall have overall res onsibilit
for the processing, adjustment, and in concert with the
City Manager and City Attorney,_subject to the
limitations expressed in this ordinance, the settlement
of claims
b. Independent claims, adjustment or administra-
tion services may be utilized. Each independent claims
adjustment or administration service shall be assigned
the duties and responsibilities, not inconsistent with
this ordinance, as may be deemed b the Director to be
in the best interest of the City in establishin the
most expeditious method of rocessing claims.
c. Upon the concurrence of the Director, City
Manager and the City Attorney in a recommendation that a
claim be settled, issuance of checks in settlement of
claims may be authorized as follows: For settlement in
an amount not more than $10,000, the Director may direct..
the issuance of checks in the amount of the settlement.
No claim may be settled in an amount exceeding $10,000
until the City Council approves and authorizes the
settlement.
3. All tort and liability claims resulting in
litigation shall be referred to the City Attorney immediate)
u on service of the summons and complaint. Based u on the
nature of the liability, the complexity of the litigation,
and other factors that said attorney may deem it necessaEyto
consider, said attorney shall make a determination either to
represent the City in said liti ation, or to refer same to
counsel other than said City Attorney.
4. whenever a workers compensation claim requires
representation of the City by le al counsel, the Director
shall refer the matter to an attorney who s ecializes in the
defense of workers compensation claims. Selection of an
attorney shall be made after consultation with the City
Attorney.
SECTION 2: That subsection (b) of section 2--234 shall
be renumbered subsection (5).
SECTION 3: Specific authority is hereby granted to
codify this Ordinance.
SECTION 4: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 5: If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect
without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be sever-
able.
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SECTION 5: This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this ,Z9 day of , 1990.
A,
PASSED SECOND READING this -ZI day of 1990.
ATTEST:
,���
CAROL A. EVANS�
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to fors
ALAN F;RUF
INTERIM CI ATTORNEY
"self . ins. of r"
2115031990/t
NORMAN A BRAMOWITZ
AMAYOR
RECORD OF COUNCIL VOTE
MAYORABRAMOWITZ
DISTRICT 1: C/M ROHR
DISTRICT 2: C/M SCHUMANN
DISTRICT 3: V/M HOFFMAN
DISTRICT 4: C/M BENDER