HomeMy WebLinkAboutCity Council - 2003-92 RESOLUTION NO. 2003-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITYOF HUNTINGTON BEACH
ESTABLISHING SETTLEMENT AUTHORITY OF
THE RISK MANAGER AND CITY ATTORNEY,
AND DELETING THE SETTLEMENT COMMITTEE
WHEREAS,the City of Huntington Beach on January 3, 1997,by Resolution No. 4577
authorized the establishment of a Claims Review Committee and said committee was established
and has been functioning since 1978; and
The City of Huntington Beach on August 22, 1983, by Resolution 5302, authorized the City
Attorney to settle claims valued at $5,000.00 or less; and
Resolution No. 4577 was amended by Resolution No. 5383 on June 4, 1984; and
Resolution No. 5383 was amended by Resolution No. 6080 on November 6, 1989; and
The City Council of the City of Huntington Beach wishes to delete the authority of the
Claims Review Committee and increase the authority of the Risk Manager and City Attorney to
enter into settlement agreements by repealing Resolution Nos. 4577, 5302, 5383 and 6080, and
replacing them with the following resolution,
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. There is hereby deleted the Claims Review Committee of the City of
Huntington Beach.
SECTION 2. When the City of Huntington Beach is a legal claimant or when it is
determined that the City is partially or fully liable by reason of an incident, accident or any other
cause of action resulting in a claim,potential claim, or suit, excluding workers' compensation, -
against the City,the claims may be settled as follows:
E (a) The Risk Manager or City Attorney may authorize settlement in an amount not to
exceed Fifteen Thousand Dollars ($15,000.00).
(b) The City Attorney, with the consent of the Risk Manager, may authorize settlement
in an amount not to exceed Fifty Thousand Dollars ($50,000.00) in accordance with
Government Code Section 935.4, and thereupon execute and endorse all documents
and drafts necessary to effect said settlement.
SECTION 3. The Risk Manager is authorized to settle workers' compensation claims in an
amount not to exceed Fifty Thousand Dollars ($50,000.00), and thereupon execute and endorse all
documents and drafts necessary to effect said settlement.
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Res. No. 2003-92
SECTION 4. Upon receipt of a written request from the City Attorney or Risk Manager,
specifying the amount agreed upon to settle a claim,the City Treasurer shall cause a warrant to be
drawn on the City treasury therefore. The City Attorney shall approve as to form agreements of
compromise settlement and release prior to payment to a claimant or his or her attorney.
SECTION 5. Resolution Nos. 4577, 5302, 5383, 6080 and all resolutions in conflict
herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15 th day of December 2003.
ATTEST:
City Clerk r
REVIEWED AND APPROVED: INITIATED AND APPROVED AS TO FORM:
City A ministrator j til II(C City Attorn
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Res. No. 2003-92'
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at an regular meeting thereof held on the 95th
day of December, 2003 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio 61erk of the
City Council of the City of
Huntington Beach, California