HomeMy WebLinkAboutCity of Tamarac Ordinance O-1990-011Temp. Ord. # H{ 3
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-90- i�
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
TAMARAC, FLORIDA ENTITLED "ADMINISTRATION" BY
AMENDING SECTION 2-342 PROVIDING FOR SELF-
INSU RANCF: FOR WORKERS COMPENSATION, TORT AND
LIABILITY CLAIMS; PROVIDING FOR THF:
APPOINTMENT OF A DIRECTOR BY THE CITY
MANAGER; PROVIDING FOR RESPONSIBILITY FOR
ADJUSTMENT OF CLAIMS; PROVIDING FOR AUTHORI--
ZATION OF SF:TTI,F•',MHNT UFO TO $10, 000; PROVIDING
FOR SETTLEMENT 1N 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, TH1` R FORY, 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-euthexised-er+d-exeattd-e-rieis--meriegemrnt
pregrem-for-the-city;---the-pnrpeee--ef-thia-xisFt--menegement
pregrem-is--te-preside-ar,iferm-end-eeritrefized-aeff-i>7sarenee
fer-r+ex�eers�---eemper,aetien---erd---meter-vehic3e-coiiisie»-e>nd
upset - -wit h--del ier--maximum-the- -mexime:m-emeur+t-ef-liability
under-P' : S . -section-�6aa : �8 :----Anfp-eedereges-srt-forth-ia�-the
preceding-sentence-ere-te-be--eedercd-bp-this-exticie-end-self
it+snrence-is-prebided--enip-fer-these-ceerGxeges:
11
1. The City is hereby authorized and empowered to be a
self -insurer as to the following types of claims against the
City of Tamarac:
a. All claims for workers compensation 2ursuant
to the Florida Workers Compensation 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
program,BILiect
to
the following:
a. Th..- Director shall have overall responsibility
for the processing, adjustment, and in concert with the
City Manager and Cit Attorne , subject to the
limitations expressed in this ordinance, the settlement
of claims.
b. independent claims, adjustment or administra-
tion srrvices 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 by the Director to be
in the best interest of the City in establishing the
most expeditious method of processing claims.
co tin the concurrence of the Director, City
Mana er 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.
u
3. All tort and liability clairr..s resulting in
li�tion shall be referred to the City Attorney immediate)
upon service of the summons and complaint. Based up on the
nature of the liability, the complexity of the litigation,
and other factors that said attorney ma • deeom it necessary to
consider-, said attorney shall_ make a detem-ination either to
represent the Cite in said litigation, or to refer same to
counsc 1 other t ha n said C i to __At t orn(�
4. Whenever a workers compensation claim re uires
representation of the City by legal counsel, the Director
shall refer the matter to an attorney who specializes in the
defense of workers compensation claims. Selection of an
attornev shall be made after consultation with the City
Attorney.
SECTION 2 : That subsE,ct ion (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.
SECTION 6: This Ordinance shall become effective
immediately upon adoption and passage.
,ft
! t' 1
PASSED FIRST ►�I;Ai)]NC• t.hi:: �� day of M /Ifrt _ 1990.
PASSED SECOND READING this �;`, day of c. �.(-L , 1990.
r
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to for;p.
AM'"FUF
INTEPIM CITY ATTORNF'Y
$#self . i ns. of I-"
2115031990/t
3
1
15
NORMAN ABRAMOWITZ
MAYOR -'
RECORD OF COUNCIL VOTE
ABRAMOWITZ L Litj C—
r'!L. ," 2' _ C/M SCHUMANN
1?�:_VAl HOFFMAN (),4
GT G: CAM BENDER