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HomeMy WebLinkAbout10949ORDINANCE NO. 10049 AN ORDINANCE ANNOUNCING THE POLICY OF THE CITY OF LITTLE ROCK REGARDING PERSONAL PROPERTY DAMAGE CLAIMS MADE AGAINST THE CITY; ESTABLISHING STANDARDS AND PROCEDURE FOR THE PROCESSING OF SUCH CLAIMS; APPROPRIATING THE SUMS OF SIX HUNDRED DOLLARS ($600.00) AND FOUR HUNDRED DOLLARS ($400.00) FROM THE GENERAL FUND AND 00 STREET FUND RESPECTIVELY TO ACCOUNT NO. 5.1 TO BE USED FOR THE r-q PAYMENT OF SUCH CLAIMS; REPEALING ORDINANCE NO. 10,938; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock desires to establish and announce 0 A its policy regarding personal property damage claims against the City ra 0 of Little Rock; and ro Z WHEREAS, the Board of Directors realizes that there is no legal liability on the part of the City to pay such damage claims even where the negligence of an employee of the City is the proximate cause of such damage, but nevertheless, desires that the City pay such claims where there is a moral responsibility to do so; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The City Manager and City Attorney are hereby authorized to determine the moral responsibility for, settle and pay all claims against the City of Little Rock where the amount involved does not exceed One Hundred Dollars ($100.00) for damage to personal property resulting from either the negligent operation of a City vehicle by a City employee or the joint negligence of both the operator of the City vehicle and of the operator of the other vehicle involved in the collision. SECTION 2. In no instance shall the City Manager authorize or cause to be paid any such claim for damage as provided for in Section 1 above unless and until the following things have been clearly established and determined to the satisfaction of the City Manager and City Attorney: a. Proof by the claimant of actual damage. b. That the amount of the damage claim does not exceed the lowest of three independent bids on the cost of repair to claimant's property. c. Negligence on the part of a City employee in the operation Dab -i/ - 2 - of a city vehicle as the proximate cause of said damage, or the joint negligence of both the operator of the City vehicle and of the operator of the other vehicle involved in the collision. SECTION. 3. There is hereby appropriated the sums of Six Hundred Dollars ($600.00) and Four 2undred Dollars ($400.00) from the General Fund and Street Fund respectively to Account No. 5.1. SECTION 4. Where damage to personal property resulting either from the negligent operation of a City vehicle by a City employee or the joint negligence of both the operator of the City vehicle and of the operator of the other vehicle involved in the collision exceeds One Hundred Dollars ($100.00) the City Manager and City Attorney shall submit to the Board of Directors their recommendation for the settlement of such claim and the Board of Directors shall consider each such claim separately and act thereon as they may deem advisable. SECTION 5. All claims for damage to personal property resulting from the negligent operation of a City vehicle by City employees shall be considered without respect to any insurance coverage of the person making such claim. SECTION 6. All moneys paid pursuant to the provisions of this ordinance shall be charged to Account No. 5.1 in the budget of the department employing the person whose negligence or joint negligence is the proximate cause of the damage claimed. SECTION 7. This ordinance shall not be construed as surrendering the immunity of the City of Little Rock from suit for damages caused by the negligent operation of City vehicles. Instead, the City of Little Rock does hereby reserve the right to deny any and all claims Isle of the nature provided for herein at any time. SECTION 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed and this ordinance shall be in full force and effect from and after its passage and approval. PASSED: June 15, 1959 ATTEST: PROVED: 1 a��� City Clerk Mayor.