HomeMy WebLinkAbout11/06/2012 04F City Manager's Authority to Resolve Claims • - �� �41
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ( 5".
For Meeting of: November 6, 2012
ITEM TITLE: Resolution authorizing annual renewal of the City
Manager's authority to resolve and settle any claims
against or by the City of Yakima in an amount of $100,000
or less, and to execute all documents necessary to the
resolution or settlement of such claims.
SUBMITTED BY: Legal Department
CONTACT Helen A. Harvey, 575 -6030
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
• The City of Yakima is self- insured for most property and general liability damage claims.
The Transit Division is in the Washington State Transit Insurance Pool ( "WSTIP ") as of
September 1, 2005. The City of Yakima is in the Cities Insurance Association of Washington
( "CIAW ") for other claims effective December 14, 2005, with a $99,000 deductible since
September 1, 2010. 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- 2011 -166 that was adopted by the City Council on November 15, 2011,
will continue to authorize the City Manager to resolve claims against or by the City for the
total amount of $100,000 or less, and to execute all documents necessary to the resolution
or settlement of such claims against or by the City. A similar resolution will be presented to
the City Council for its review and consideration at a City Council meeting before the end of
2013.
Resolution X Ordinance Other
(specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
will depend on claim type. Risk
Funding Management Reserve Fund for some
Source: claims; Workers Compensation Reserve Phone:
• 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:
ATTACHMENTS:
Click to download
❑ Resolution - CM auth to settle claims 11 -6 -12
RESOLUTION NO. R -2012-
A RESOLUTION. - authorizing annual renewal of the City Manager's authority to resolve and
settle any claims against or by the City of Yakima 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 ail 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 for the total 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 for the total amount of $100,000 or less; and
WHEREAS, at a City Council meeting before the end of 2013, the City Council desires
to consider whether this settlement authorization of the City Manager will be continued in the
total 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 for the total 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 2013, so the Council can consider whether this settlement authorization of the
City Manager will be continued for the total amount of $100,000 or less.
ADOPTED BY THE CITY COUNCIL this 6th day of November, 2012.
Micah Cawley, Mayor
ATTEST:
City Clerk
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