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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1990-0101 x 3 1 5 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. (a) there--is-e+�therizcd-and-created-e-rask__menegcntent pregrem-fer-tie-ei tp: ---the-pt�xpeee---of--ti�is-�r�a3�--men�,gement pregrem-is--te-preside-anifarnl-and--eentrefi�ed-self-xnsarence fer-taerkers1--eempensetien; --end--ameter-dei�icie-eeiiisien--and �peet--�+aitfi--deiiar--rr�eximam--tie--mexxmt�xn-emet:nt-ef--iiebiiitp tinder-F: B:--s�ectien-�68 : �9 :__-_gnip-eee�eregea-s�et--fertb-xn-the preeed#ng-sentence-ere-te-be--eedered-bp-this-erticie-and-self insuranee--is-previded-enip--fer--these-cedesegtr� 1 x 3 4 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. 1 x 3 4 5 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