HomeMy WebLinkAboutORD 3348..... • • ORJGINAL
ORDINANCE NO. 3348
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 2,28.240 OF THE PALO ALTO MUNICIPAL
CODE ·ro AUTHORIZE THE CITY ATTORNEY TO SETTLE OR
COMPROMISE CLAIMS OR ACTIONS ON BEHALF OF THE CITY
NOT EXCEED TEN THOUSAND DOLLARS WITHOUT PRIOR
APPROVAL OF THE CITY COUNCIL
The Council of the City ~f Palo Alto does ORDAIN as follows:
SECTION 1. Section 2.28.240 of the Palo Alto Municipal Code is
amended to read as follows:
~2~28.240 Settlement of claims. As pro-
vided in Section 935.4 of the Government Code of
California, the city attorney is designated to per
form the functions of the city council relative to
claims against ~he city or any of its officers or
e1aployces under: t.he provisions c f Divis ion 3. 6 of
the. Gover-nment Code, <-•.s follo\\rs:
"(a} Nhere tt.e city has insur~d itself
against liability for the claimed injury, tha city
attorney shall forward to the insur1nce carrier
without prior council approv,al a w:z:itten recommen
dation as to o.c<:eptance, set t lemen.t r or reject ion
of such claim, provided t,hat t.he amount of any
recommended allowance, compromise or set t lernent
does not exceed ten thousand dollars ($10,000);
"(b) Where the city is uninsured, tl:le city
at to:t"n.ey shall be authorized to accept, settle Ot'
reject without prior app:rovaJ. of the counc i 1,
claims agai:lst the city, provided that no allow
ance, compromise or settlement shall exceed ten
thousand dollars ($10,000). Upon the written order
from the city attorney, the controll~r shall cauoe
to be issued a warrant upon the tt'easury of the
city in the amount for which a claim has been
allowed, comproffiised or settled;
"(c) The city attorney io further authorized
to compromise or settle, without prior approval of
the tJouncil, except on a matter. of policy, any
actions which the city is either plaintiff or
defendant and which are not covered by insurance,
provided that the amount of such compromise or
settlement shall not exceed ten thousand dollars
( $10,000);
"(d) The city attorney shall make guarterly
reports to the counc i 1 on act ion taken on claims
and actions against the city;
!4 (e) A recommendal: ion under (a) above shall
constitute "action" upon such claim within th~
me~ning of Government Code Section 945.4."
SECTION 2. The Council finG~ that this is not a ploject under the
Californ1a Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
..... • •
SECTION 3. This ordinance shall become e f feet i ve upon the com-
menc~ment of the thirty-first day after the day of its passage.
INTRODUCED: April 12, 1982
PASSED: May 3, 1982
A l."E s : Be c h t e 1 , Eyer 1 y , Fa z z i no , K 1 e i n } Levy , vii the r spoon
NOES: None
ABSTENTIONS: None
ABSENT: Cobb, Fletcher, Renzel