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ORDINANCE NO. ____ OF 2008
AN ORDINANCE TO AMEND AND REENACT PORTIONS OF DIVISION 3 OF ARTICLE V OF CHAPTER 26 OF THE CODE OF ORDINANCES RELATIVE TO RETAINED RISK AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
By: Councilwoman Bowman
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal and regular session convened that Sections 26-174 and 26-175 of the Code of Ordinances of the City of Shreveport are hereby amended and reenacted to read as follows:
Sec. 26-174. Risk management committee.
There shall be a risk management committee consisting of two council members appointed by the city council, the chief administrative officer, the director of finance, the risk manager and the city attorney. The purpose of the risk management committee shall be to decide whether claims of $10,000.00 or more but less than $200,000.00 should be approved without the necessity of filing a lawsuit, based on the legal merits of the claim. The committee shall establish its own rules.
Sec. 26-175. Authority to compromise or settle claims against the city.
(a) Claims where a lawsuit has not been filed against the city.
(1) After investigation in accordance with the policy stated in section 26-172, the director of finance or his authorized designee is authorized to compromise or settle any claim against the city without the necessity for the filing of a lawsuit against the city in a matter where such settlement does not exceed $10,000.00.
(2) After investigation in accordance with the policy stated in section 26-172, any claim that is $10,000.00 or more but less than $200,000.00 may be settled without the necessity for the filing of a lawsuit against the city only after it has been approved by the risk management committee.
(3) After investigation in accordance with the policy stated in section 26-172, any claim that is $200,000.00 or more may be settled without the necessity for the filing of a lawsuit against the city only after it has been approved by the city council by resolution.
(b) Claims where a lawsuit has been filed against the city.
(1) After investigation in accordance with the policy stated in section 26-172, the City Attorney is authorized to compromise or settle any claim in a lawsuit against the city in a matter where such settlement does not exceed $200,000.00.
(2) After investigation in accordance with the policy stated in section 26-172, any claim in a lawsuit that is $200,000.00 or more may be settled only after it has been approved by the city council by resolution.
(c) Any such compromise settlements shall be exigible, payable, and paid only out of funds appropriated for that purpose by the city council.
BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Ordinance which can be given affect without the invalid provisions, items or applications and to this end the provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all Ordinances or parts thereof in conflict herewith are hereby repealed.
APPROVED AS TO LEGAL FORM:
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City Attorney’s Office
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