HomeMy WebLinkAboutR-2009-141 Claims Resolution and Settlement, Authorization of City ManagerRESOLUTION NO. R-2009-141
A RESOLUTION authorizing annual renewal of the City Manager's authority 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 2010, 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 2010, 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 20th . -
/j/of October, 009.
a
David Edler, Mayor
ATTEST:
49—ticRodU
City Cler
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. s--(5.
For Meeting of October 20, 2009
Consideration of resolution authorizing annual renewal of the City
Manager's authority 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: Helen A. Harvey, Senior Assistant City Attomey
CONTACT PERSON/TELEPHONE: Helen A. Harvey, 575-6030
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 $100,000
deductible. 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 basically identical to
Resolution No. R-2008-156 that was adopted by the City Council on November 4, 2008, will
continue to authorize the City Manager to resolve 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 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 2010.
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: