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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