Chapter 13.25
CLAIMS FOR DAMAGES
Sections:
13.25.010 Claimant may petition City.
13.25.020 Time for filing notice of claims.
13.25.030 Approval or denial of claim.
13.25.040 Payment of claim or judgment against the City.
13.25.050 Reserve funds for payment of claims or purchase of insurance.
13.25.060 Tax levy for payment of claims or insurance premiums.
13.25.070 City may purchase liability insurance.
13.25.080 City may insure employees against liability for injury.
13.25.010 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 money damages. [Code 1971 § 3-5-1.]
13.25.020 Time for filing notice of claims.
A claim against the City shall be forever barred unless notice thereof is filed within 90 days after the cause of action arises; provided, however, that any claim filed against the City for any injury caused by a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct or other structure located thereon shall be presented to the City Council in the form required by law within 30 days after the happening of such injury or damage. [Code 1971 § 3-5-2.]
13.25.030 Approval or denial of claim.
Within 90 days of the filing of a claim the City Council or 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 90-day period the City Council or insurance carrier has failed to approve or deny the claim. [Code 1971 § 3-5-3.]
13.25.040 Payment of claim or judgment against the City.
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 claim or award in not more than 10 ensuing annual installments of equal size or in such other installments as are agreeable to the claimant. [Code 1971 § 3-5-4.]
13.25.050 Reserve funds for payment of claims or purchase of insurance.
The City may create and maintain a reserve fund or may jointly with one or more other political subdivisions of the state of Utah make contributions to a joint reserve fund, for the purpose of making payment of claims against the cooperating subdivisions when they become payable pursuant to the provisions of the Governmental Immunity Act of the state of Utah, or for the purpose of purchasing liability insurance to protect the cooperating subdivisions from any or all risks created by said Governmental Immunity Act. [Code 1971 § 3-5-5.]
13.25.060 Tax levy for payment of claims or insurance premiums.
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 any claims, settlements or judgments secured pursuant to the provisions of the Governmental Immunity Act, or to pay the costs to defend against the same, or for the purpose of establishing and maintaining a reserve fund for the payment of such claims, settlements or judgments as may be reasonably anticipated, or to pay the premium for such insurance as herein authorized even though as a result of such levy the maximum levy as otherwise restricted by law is exceeded thereby; provided, that in no event shall such levy exceed one-half mill nor shall the revenues derived therefrom be used for any other purpose than those stipulated herein. [Code 1971 § 3-5-6.]
13.25.070 City may purchase liability insurance.
The City may purchase insurance against any risk which may arise as a result of the application of the 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. [Code 1971 § 3-5-7.]
13.25.080 City may insure employees against liability for injury.
The City may insure any or all of its employees against all or any part of his 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 herewith declared to be for a public purpose. [Code 1971 § 3-5-8.]