30. Claims Against the City
CLAIMS BROUGHT BY AND AGAINST THE CITY
1-30-1: LEGISLATIVE DECLARATION
1-30-2: NOTICE OF CLAIM
1-30-3: SETTLEMENT AND PAYMENT OF CLAIMS; NOTIFICATION OF COUNCIL
1-30-4: TIME PERIOD
1-30-1: LEGISLATIVE DECLARATION: (1411 1699)
City Council hereby finds and declares that, by virtue of the services and functions provided by the City and the consequences of unlimited liability, the City should be liable for its actions and those of its agents only as provided by the Colorado Governmental Immunity Act.
1-30-2: NOTICE OF CLAIM: (1411 1699 3002)
Any notice of claim shall be filed with the City Attorney or City Manager.
1-30-3: SETTLEMENT AND PAYMENT OF CLAIMS; NOTIFICATION OF COUNCIL: (1411 1784 2032 3002)
(A) NOTIFICATION OF COUNCIL: At least quarterly, City Council shall be provided at a regular or special meeting a summary of all claims filed against the City. The City Council shall take no formal action on such claims, but any matter concerning a claim may be addressed in attorney-client session. The summary listing of all claims filed against the City shall include each claimant's name, amount of the claim and brief description of the claim.
(B) CLAIMS AGAINST THE CITY: The City Manager, after receiving the advice of the City Attorney, shall have the authority to settle and authorize payment of any claim, to the extent the amount of payment is within the amount of the City Manager's authority to approve contracts as provided for in Chapter 1 of Title XV of the Westminster Municipal Code, as may be amended from time to time. With respect to the settlement of property and liability claims involving the City's self-insurance program, the City Manager may delegate his or her authority to the City's Risk Manager. The settlement and approval of all other claims against the City may be approved by the City Manager, after receiving the consent of the City Council with the advice of the City Attorney.
(C) The City Manager shall have the authority to settle on behalf of the City any claims or lawsuits that were brought by the City against any third party, to the extent the original value of such claim or lawsuit was within the amount of the City Manager's authority to approve contracts as provided for in Chapter 1 of Title XV of the Westminster Municipal Code. The settlement of claims or lawsuits above this amount may be approved by the City Manager after receiving the consent of the City Council with the advice of the City Attorney. The original value of any claim or lawsuit shall be based upon the reasonable determination of the City Attorney.
(D) Notwithstanding the other provisions of this Section, the Director of Finance is authorized to abate taxes as provided by Title IV of this Code.
1-30-4: TIME PERIOD: (1411)
Any action filed against the City shall be commenced within the time period provided by law or shall forever be barred.
1-30-5: EXCLUSIONS: (3002) The provisions of this Chapter shall not be applicable to the settlement or payment of: (1) routine claims submitted by City employees for health insurance benefit and similar benefit programs; (2) preauthorized property acquisitions, including condemnations, for which funds have been previously budgeted; and (3) workers compensation claims and unemployment compensation claims for which funds have been previously budgeted.