HomeMy WebLinkAbout08138ORDINANCE NO. 8138
AN ORDINANCE AMENDING SECTION 1 -5 -8 OF
CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL
CODE, RELATING TO THE AUTHORITY OF CITY
OFFICIALS TO SETTLE CLAIMS, ACTIONS, AND OTHER
DISPUTED MATTERS
BE IT ORDAINED BY THE CITY COUNCIL OR THE CITY OF PUEBLO, that:
(brackets indicate matter being deleted; underscoring indicates new matter being
added.)
SFrTinN 1
Section 8 of Chapter 5 of Title I of the Pueblo Municipal Code, as amended, is
hereby amended to read as follows:
Sec. 1 -5 -8. Settlement of claims.
The [City Attorney] following City officials shall have authority [power] to
adjust, settle, compromise or submit to arbitration any action, causes of action,
accounts, debts, claims, demands, disputes and matters in favor of or against the City
or in which the City is concerned as debtor or creditor, now existing or which may
hereafter arise, in the amounts as set forth below, provided that funds sufficient to
settle same have been appropriated in an account therefor and an unexpended
balance exists therein: [not involving or requiring payment to exceed one thousand
dollars ($1,000.00), and with the permission of the City Manager may do likewise in
matters not involving or requiring payment to exceed five thousand dollars ($5,000.00),]
(a) City Attorney: matters where the amount paid by the City in
settlement of a claim against the City, or the amount relinquished or forgiven on
a claim that the City has against others, does not exceed twenty thousand dollars
($20,000);
(b) City Attorney with the approval of the City Manager: matters where
the amount paid by the City in settlement of a claim against the City, or the
amount relinquished or forgiven on a claim that the City has against others, does
not exceed forty thousand dollars ($40,000);
(c) A Committee comprised of the City Manager, City Attorney and the
Risk Manager: matters where the amount paid by the City in settlement of a claim
against the City, or the amount relinquished or forgiven on a claim that the City
has against others, does not exceed sixty thousand dollars ($60,000).
[provided that the money to settle claims generally has been appropriated and is
available therefor.]
SECTION 2
This ordinance shall become effective thirty (30) days after final passage and
approval.
INTRODUCED: January 25, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
CrrY CLERK
PASSED AND APPROVED: February 8, 2010
rr
Background Paper for Proposed Resolution
DATE January 25, 2010
DEPARTMENT Law Department
TITLE
AGENDA ITEM # R -2
AN ORDINANCE AMENDING SECTION 1 -5 -8 OF CHAPTER 5 OF TITLE I OF THE PUEBLO
MUNICIPAL CODE, RELATING TO THE AUTHORITY OF CITY OFFICIALS TO SETTLE
CLAIMS, ACTIONS, AND OTHER DISPUTED MATTERS.
ISSUE
Should the City Attorney, City Risk Manager, and City Manager be given certain increased
authority to settle claims for and against the City?
RECOMMENDATION
The proposed ordinance should be approved.
BACKGROUND
Currently, the City Attorney has authority to settle claims for and against the City in an amount
no greater than one thousand dollars without seeking the approval of City Council through a
resolution. The City Manager has similar authority up to five thousand dollars. If the claim is
greater than that, the matter must be brought to City Council for approval by resolution.
This amendment would increase the authority of the City Attorney to settle claims without
seeking City Council approval through a resolution. In addition, the City Attorney with approval
of the City Manager, and a Committee composed of the City Attorney, the City Risk Manager,
and the City Manager, would be given higher settlement authority without seeking City Council
approval through a resolution. Any settlement involving payment of a claim against the City, or
relinquishment of a claim that the City has against others, exceeding sixty thousand would still
require City Council approval.
The proposed amendment is consistent with the practice in other cities of comparable size. For
example, at the City of Greeley, Colorado, the Risk Manager has authority to settle cases up to
five thousand without City Council approval. The City Attorney, in consultation with the Risk
Manager has authority to settle cases up to ten thousand without City Council approval, and a
committee composed of the City Attorney, Risk Manager, and City Manager has authority to
settle cases up to fifty thousand without City Council approval. At the City of Fort Collins,
Colorado, the Risk Manager has authority to settle cases up to fifty thousand without City
Council approval and the City Manager has authority to settle cases up to one hundred
thousand without City Council approval.
FINANCIAL IMPACT
The amendment should be revenue neutral.