HomeMy WebLinkAboutResolution 03-81 RESOLUTION NO. 3-81
RESOLUTION OF THE ATASCADERO CITY COUNCIL
AUTHORIZING THE ADJUSTMENT AND
SETTLEMENT OF CLAIMS AGAINST THE CITY
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WHEREAS, the City of Atascadero is a member of the Central
' Coast Cities Joint Powers Agreement (CCCJPA) for insurance pur-
poses; and
WHEREAS, as a result, the City receives the services of an
independent CCCJPA adjustor and investigative service and will
defend claims filed against it; and
WHEREAS, for the expedient settlement of claims necessary to
minimize costs of the City, it is necessary that the Staff and the
Adjustor have specified authority on behalf of the City to 'imme-
diately enter into Settlement Agreements without prior authorization
' of the Council.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Upon investigation and determination by the CCCJPA
adjustor for the City, that the City appears to be par
' tially or fully liable by reason of an incident or acci-
dent resulting in a claim against the City, the Adjustor
shall have the authority to enter into Settlement Agree-
ments on claims that do not exceed One Thousand and
no/100ths ($1,000.00) Dollars. This authority may be
suspended or reduced at any time by the City Manager.
2. When a claim against the City exceeds One Thousand and
no/100ths Dollars ($1,000.00) and it is determined that
the City appears to be partially or fully liable for the
' claim, the City Manager shall have the authority to enter
into a Settlement Agreement to settle the claim up to the
amount of Five Thousand and no/100ths Dollars ($5,000. 00)
Any such Settlement Agreement shall be signed by both
the City Manager and the City Attorney.`
3. All proposed settlement of claims in which the Staff
' cannot reach concurrences to settle as provided in 2 above,
or which amount to Five Thousand and no/100ths Dollars
($5,000.00) or more, shall be referred to the City Council
for determination.
4. The Claims Adjustor employed by the CCCJPA shall be auth-
orized to reject any claim filed against the City pursuant
' to and on the appropriate grounds set forth in Title 1,
Division 3.6 , Part 3, Chapter 2 of the Government Code of
the State of California.
Resolution No.
Page Two
On motion by Councilman Nelson and seconded by
Councilman Highland , the Atascadero City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Highland, Mackey, Nelson, Stover and
Mayor Wilkins
NOES: None
ABSENT: None
ADOPTED: January 12, 1981
ROBERT J. WILK NS, JR. , May
ATTEST:•
MU RAY.,V. WARDEN, City erk
APPROVED AS .TO FORM:
1
ALLEN GRIMES, City Attorney