|
<br />, .
<br />
<br />)
<br />\, "j
<br />
<br />)
<br />( I
<br />.......;/
<br />
<br />4.18.030
<br />
<br />1. To pay liability claims and expenses related
<br />thereto brought against the city, its employees or officials
<br />pursuant to the Colorado Governmental Immunity Act, and claims
<br />against the city and its officials or employees arising under
<br />federal law, which the city is legally obligated to pay and
<br />which are compromised or settled pursuant to this chapter,
<br />or in which a final money judgment against the city has
<br />been entered, and which are not otherwise covered by a
<br />commercial liability insurance policy;
<br />2. .To pay the costs of defense, including expert
<br />witness fees and outside counsel legal fees, and investigation
<br />and other related defense costs in connection with claims
<br />brought pursuant to the requirements of subsection Dl of this
<br />section;
<br />J. To pay premiums and deductible amounts pursuant
<br />to any commercial liability insurance policy purchased by
<br />the city in lieu of or in addition to the reserve fund provided
<br />in this chapter.
<br />E. Moneys in the claiJnS reserve fund shall not be used to
<br />pay any of the following: ,
<br />1. Claims for liabilities or losses which are eligible
<br />for payment under any existing commercial insurance policy;
<br />2. All claims othe~ than those which arise under
<br />federa~law or which lie or could ~ie in tort regardless of
<br />whether that may be the typ~ of action chosen by the claimant;
<br />,... 3 . Any other claim or expense ;.not,cset, forth, in sub-
<br />.:' ~~,~e#:f9n;'{p of~, ~is.':. se,c~f.:9_A.'-:~ . ,~; . -;.~>< .:~. :::~~:_'''~17-~/~;j'~~}h:~f._i~~~J~~t'~,&;'~; .~~;;,:::';,- i<,"':'.>'::-.' "'_'
<br />"i>)""}I;:F'.,"" The, director;of: ,fJ.l'lanc::e:,shatI:,l\;be ';respons.:Lb1;ec,for the
<br />;.~ ,f;:!?,,~ .,"":." "<:-,'.. ; .' , ," " . . -' - , . _,-,' ->"" ->0'1-'.::.\.'-'.'-" \" ":'-:,,. ., .. ' _' "'t-:':" _'.
<br />, ,mana:gement' and '.LIlvestmento'! ,the:cl;apn~~l;~E!~.E!rye.f1pld: " ,
<br />,./:G~' The setting "aside of r.eserv~'s",Jf6r:;sel'f-insurance
<br />purposes in the claims :!:,eset"'.refimd'createdin this section
<br />shall not be construed to c~eate an insurance company nor shall
<br />the claims reserve fund oth~rwise be subject to the provisions
<br />of the laws of the state of Colorado regarding insurance or
<br />insurance companies. The requirements of Section 10-4-716
<br />CRS concerning self-insurance under the Colorado Auto Accident
<br />Reparations'Act are not app~icable,to this chapter.
<br />H. Disbursements m~de from the claims reserve fund for
<br />eligible expenditures shall be initiated by the preparation of
<br />a warrant requisition to the director of finance from the risk
<br />manager in accordance with the authority set forth in Sections
<br />4.18.040 and 4.18.070 of this chapter. All requests for dis-
<br />bursements from the claims reserve fund shall be given the
<br />highest priority by the director of finance with respect to
<br />the processing and preparation of a warrant in connection
<br />with the compromise or settLement of claims or the payments
<br />of judgments.
<br />I. Beginning on or before June 1, 1988, and on or before
<br />June 1st of each year there~fter, the risk manager, in consul-
<br />tation with the director of finance, shall report to the city
<br />council regarding the operation and :nanagement of the claims
<br />
<br />l28-3
<br />
<br />((;rpp,l PV 9.JfL7\
<br />
|