CHAPTER 2
CLAIMS AGAINST CITY
Sections:
6-2-101 Claimant May Petition City.
6-2-102 Time for Filing Claims.
6-2-103 Approval or Denial of Claim.
6-2-104 Payment of Claim or Judgment.
6-2-106 Tax Levy For Payment of Claims.
6-2-108 Employees Liability Insurance.
6-2-101 Claimant May Petition City.
Any person having a claim for injury to person or property against the City may petition the City Council for any appropriate relief, including the award of monetary damages.
(1968 Code 3-5-1; 1979 Code 6-2-1)
6-2-102 Time for Filing Claims.
A claim against the City shall be forever barred, unless notice thereof is filed within one (1) year after the cause of action arises.
(Statutory Authority UCA 63-30-13; 1968 Code 3-5-2; amended in codification 1979; 1979 Code 6-2-2)
6-2-103 Approval or Denial of Claim.
Within ninety (90) days of the filing of a claim, the City Council, or if the claim is covered by liability insurance, the City’s insurance carrier, shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety-day period the City Council or insurance carrier has failed to approve or deny the claim.
(Statutory Authority UCA 63-30-14; 1968 Code 3-5-3; amended in codification 1979; 1979 Code 6-2-3)
6-2-104 Payment of Claim or Judgment.
Any claim approved by the City or any final judgment obtained against the City shall be submitted to the City Council to be paid forthwith from the general funds of the City, unless said funds are appropriated to some other use or restricted by law or contract for other purposes. If the City is unable to pay the claim or award during the current fiscal year, it may pay the same in not more than ten (10) ensuing annual installments of equal amount, or in such other installments as are agreeable to the claimant.
(Statutory Authority UCA 63-30-24, 25; 1968 Code 3-5-4; 1979 Code 6-2-4)
6-2-105 Reserve Fund.
The City may create and maintain a reserve fund or may jointly, with one (1) or more other political subdivisions of the state, make contributions to a joint reserve fund, for the purpose of making payment of claims, against the cooperating entities, when they become payable pursuant to the provisions of the Utah Governmental Immunity Act, or for the purpose of purchasing liability insurance to protect the cooperating entities from any or all risks created by said Act.
(Statutory Authority UCA 63-30-26; 1968 Code 3-5-5; amended in codification 1979; 1979 Code 6-2-5)
6-2-106 Tax Levy For Payment of Claims.
(1) The City shall have the authority, notwithstanding any provision of law to the contrary, to levy an annual property tax in the amount necessary to pay the following:
(a) any claim;
(b) any settlement;
(c) any judgment, including any judgment against an elected official or employee, including peace officers, based upon a claim for punitive damages but the authority of the City for payment of any judgment for punitive damages is limited in any individual case to $10,000;
(d) the costs to defend any claim, settlement or judgment;
(e) to establish and maintain a reserve fund for the payment of such claims, settlements, or judgments as may be reasonably anticipated.
(2) No levy under this section may exceed .0001 per dollar of taxable value of taxable property. The tax provided by this section may be levied even though, as a result of such levy, the maximum levy as otherwise authorized by law is exceeded. The revenue derived from such levy shall not be used for any other purpose than those stipulated herein.
(Statutory Authority UCA 63-30-27; 1968 Code 3-5-6; last sentence added in codification 1979; 1979 Code 6-2-6; amended in codification)
6-2-107 Liability Insurance.
The City may purchase insurance against any risk which may arise as a result of the application of the Utah Governmental Immunity Act; however, no contract or policy of insurance may be purchased or renewed for such purpose except upon public bid to be let to the lowest and best bidder.
(Statutory Authority UCA 63-30-28; 1968 Code 3-5-7; 1979 Code 6-2-7)
6-2-108 Employees Liability Insurance.
The City may insure any or all of its employees against all or any part of such employees liability for injury or damage resulting from a negligent act or omission in the scope of his employment, and any expenditure for such insurance is hereby declared to be for a public purpose.
(Statutory Authority UCA 63-30-33; 1968 Code 3-5-8; minor changes in phraseology made in codification 1979)