HomeMy WebLinkAboutD-1287-97 City Atty. SettlementOrdinance No. D-1287-97
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL
GRANTING CITY ATTORNEY CERTAIN SETTLEMENT AUTHORITY AND
PROVIDING FOR THE PAYMENT OF SUCH SETTLEMENTS
WHEREAS, Indiana Code Section 36-4-9-12 allows and obligates the City
Attorney, as head of the City of Carmel Department of Law, to commence legal
proceedings necessary for the protection or enforcement of the rights of the City and the
public and to otherwise manage the City's legal affairs; and
WHEREAS, Indiana Code Section 36-4-9-12 does not specifically authorize the
City Attorney to compromise and settle claims and legal proceedings even when to do so
would be in the best interests of the City and the public and would constitute the prudent
management of the City's legal affairs; and
WHEREAS, Indiana Code Sections 36-1-3-5 and 36-1-3-6 permit the City to
adopt ordinances pursuant to which the City may exercise all the powers it needs for the
effective operation of its governmental affairs; and
WHEREAS, the ability of the City Attorney to settle certain claims and legal
proceedings involving the City and its Executive, Fiscal, Legislative and/or Judicial
Branches (i.e., Mayor, City Judge, Common Council, Clerk-Treasurer, Department of
Community Services, Engineering Department, Fire Department, Department of Law,
Police Department, Street Department, Public Water and Public Waste Water Utilities,
Department of Parks and Recreation, Department of Redevelopment, Communications
Center, Department of Human Resources, Department of Administration, Board of
Zoning Appeals, Board of Public Works and Safety, Economic Development
Commission, etc.), and for the City to provide for the payment of such settlements are
necessary for the effective and prudent management of the City's legal affairs; and
WHEREAS, the current provisions of Indiana statutory law and the Carmel City
Code are insufficient, ambiguous or silent as to such settlement authority and payment
provisions.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana ("Council") as follows:
o
The City Attorney shall have authority to settle claims and legal proceedings on
behalf of the City up to and including the sum of Eight Thousand Dollars
($8,000.00).
,
All sums paid to settle such claims and legal proceedings involving the City shall
be paid from the General Fund, Line Item 584, of the Branch or Department
budget out of which the settled claim or legal proceeding arose, following the
Council's appropriation of such funds as are necessary to pay such settlement
sums.
PASS.ED by the Common Council of the CiFy of Carmel, Indiana this ~ day
of c/~_-. ,1997, by a vote of A/t: ayes and ~ nays. --
eresidin~Offic~r ~_ [1~1 f/~ Kir~y~re)~i~ ent
nes Guy~ll& P(°beri Bat~r~a~l - '
Luci Snyder
Billy L. Walker
Diana L. Cordray, urer
~~_ day
Presenrted~_y~rne to the Mayor of the City of Carmel, Indiana on the
of ~-~~, 1997. Dian~r
A~y me, Mayor of the City of Carmel, Indiana, ~ day
this
of
.~. 1997.
/alnes~Brainard, Mayor
ATT T~
Diana L. Cord-ray, CI~-T~~ er
City of Carmel
To~
Members of Common Council
City of Carmel
From: Deb Gris~
Date: April 14, 1997
RE: Ordinance # D-1287-97
Ordinance #D-1287-97 was drafted to make explicit the City Attorney's implicit authority
to settle claims and legal proceedings in which the Cityis a party {~s part 6fher duties and
obligations to prudently and economically manage the City's legal affairs. As written, this
Ordinance grants the City Attorney authority, on behalf of the City, to settle claims for
amounts not in excess of Eight Thousand Dollars ($8,000). It is anticipated that, by
enabling the City Attorney to settle such claims, t.h~ number of claims that will need to be
individually brought to Council or to another appropriate agency for settlement authority
will be cut in half
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400