HomeMy WebLinkAboutR-2004-171 Claims SettlementsRESOLUTION NO. R-2004-171
A RESOLUTION authorizing the City Manager of the City of Yakima to resolve and settle
any claims against or by the City in an amount of $100,000 or less, and to
execute all documents necessary to the resolution or settlement of such
claims.
WHEREAS, Article II, Section 9 of the City of Yakima Charter and Yakima Municipal
Code 1.18.010 provide that the City Manager has general supervision over the administrative
affairs of the municipality, and is to perform such other duties as the Council may determine by
ordinance or resolution; and
WHEREAS, Yakima Municipal Code 1.18.010(6) and (7) provide that the City Manager
is to administer all finance and fiscal matters of the City and countersign warrants and approve
claim vouchers, and perform such other duties as may be required of him by the Council; and
WHEREAS, RCW 35.18.060 provides that the City Manager is to perform such duties as
are determined by the City Council by ordinance or resolution; and
WHEREAS, the Council finds it desirable and appropriate to delegate to the City
Manager the power and authority to resolve claims against or by the City in an amount of
$100,000 or less; and
WHEREAS, the City Council finds it to be in the best interest of the City to ratify and
authorize the City Manager's authority to execute all necessary documents relating to
resolution or settlement of claims against or by the City in an amount of $100,000 or less; and
WHEREAS, at a City Council meeting before the end of 2005, the City Council desires to
consider whether this settlement authorization of the City Manager will be continued in the
amount of $100,000 or less; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes and ratifies the authority of the City Manager to resolve
and settle any claims against or by the City in an amount of $100,000 or less, and to execute all
necessary documents, including settlement agreements relating to such claims, and to authorize
and approve the issuance of warrants pursuant to the resolution of such claims. The City
Council further directs that a similar resolution be presented at a City Council meeting before
the end of 2005, so the Council can consider whether this settlement authorization of the City
Manager will be continued in the amount of $100,000 or less.
ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2004.
ATTEST:
City Clerk
aul P. George, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 413
For Meeting of November 2, 2004
ITEM TITLE: Consideration of resolution authorizing the City Manager of the
City of Yakima to resolve and settle any claims against or by the
City in an amount of $100,000 or less, and to execute all documents
necessary to the resolution or settlement of such claims.
SUBMITTED BY: Raymond L. Paolella, City Attorney OW
A. Harvey, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Raymond L. Paolella or Helen A. Harvey, 575-6030
SUMMARY EXPLANATION: The City of Yakima is self-insured for most property
and general liability damage claims. The City Charter, Municipal Code and statutes
authorize the City Manager to administer financial matters, countersign warrants,
approve claim vouchers, and perform other duties required of him by the City Council.
The resolution, which is similar to Resolution No. R-2003-144 that was adopted by the
City Council on November 18, 2003, will continue to authorize the City Manager to
resolve claims against the City in an amount ranging to $100,000 or less, and to execute
all documents necessary to the resolution or settlement of such claims against the City.
It adds a provision authorizing the City Manager to resolve claims by the City against
third parties involving an amount of $100,000 or less. A similar resolution will be
presented to the City Council for its review and consideration at a City Council meeting
before the end of 2005.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source: will depend on claim type. Risk Management Reserve Fund for some
claims; Workers Compensation Reserve Fund for workers compensation claims; and
other funds as applicable to the specific type of claim.
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-171