2151-80
.•. ;:`•.rl .,...,..:?1Yi .?ti.,.:lir??'t is '. e.3 E.-kw4:i:; .. ...?7 ...« ,a :.. ..
F•? 1
ORDINANCE NO. 2151
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE
OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA,
1962, TO ENACT NEW ARTICLE VIII, SETTLEMENTS AND
SMALL CLAIMS, WHICH CREATES A SETTLEMENT REVIEW
AND SMALL CLAIMS COMMITTEE; PROVIDING FOR THE
CRITERIA BY WHICH SAID COMMITTEE CAN COMPROMISE,
SETTLE AND RELEASE, ON BEHALF OF THE CITY, ANY
CLAIM OR LAWSUIT AND LIMITING THE AMOUNT Or
MONEY FOR ANY SUCH SETTLEMENT; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the City of Clearwater, Florida, has become a
self-insurer; and
WHEREAS, settlement review committee needs to be created to
review and handle claims for and against the City; and
WHEREAS, pursuant to Article VIII, Section 2 (b) of the Florida
Constitution, as implemented by Chapter 166 of the Florida Statutes, " the
City possesses the power to create such claims review committee;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section I. Chapter 2, Administration, of the Code of Ordinances of
the City of Clearwater, Florida, 1962, is hereby amended by enacting new
Article VIII, Settlements and Small Claims, to read as follows;
Article VIII. SETTLEMENTS AND SMALL CLAIMS
Section 2-131. Settlement Review and Small Claims Committee.
There is hereby created within the City Administration, a Settlement
Review and Small Claims Committee which shall be composed of
the Safety and Insurance Supervisor, an Assistant City Manager
and the City Attorney or his designee.
Section 2-132. Settlement of Claims.
(a) The Settlement Review and Small Claims Committee is
authorized to compromise, settle and release, on behalf
of the City any claim or lawsuit in favor of the City wherein
?`?•'; the amount alleged to be due to the City does not exceed One
Thousand Dollars ($1, 000. 00) and wherein the City Attorney,
as a member of the Committee, finds and advises that- one or
more of the following factors are present: the financial condition
ti of the debtor is such as to make settlement or compromise of
the claim advisable; there is a possible legal defense to the
City's claim; the whereabouts of the alleged debtor cannot be
?.? determined; the probable cost of collection exceeds the amount
due; the settlement or compromise is in the best interests of
the Gity.
..Ord. #2151 -•I 7/17/80
•.•Ec,rF i.,t #-.?`, 1 ?. ++jrP ?c14'%}S,n19 { .
01, :?.i+?? ? 3; ' ???•.'le a ?,? a.l 1
• 4
1
Z
01
(b) The Settlement Review and Small Claims Committee Is
authorized to compromise or settle on behalf of the City
any. claim against the City allegedly resulting from acts
of operational negligence wherein the amount to be paid
in settlement of any claim does not exceed One Thousand
Five Hundred Dollars ($1, 500.00) and wherein the settlement
is deemed to be in the best interests of the City. The
compromise or settlement may be effected by securing a
release from the claimant. 13owever, the Committee shall
not settle any claims which arise out of operational negligence
of the City which exceed the amount set forth herein without
:first presenting the claim to the City Commission and
receiving approval of such settlement or compromise.
Section 2. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 4. Notice of proposed enactment of this ordinance has been
properly advertised in a newspaper of general circulation in accordance with
Section 166. 041, Florida Statutes.
Section B. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING July 3, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED July 17, 1980
a or-Commissioner ?"
Attest:
City Clerk
M
f?
'`{!{:`.f }J = Ord:: 12151'-.''
7 17/80