Fort Walton Beach Ordinance — 1805 delegate authority city mngr — reading text

READING| DATE ist F-Y/-09 and __—([Pxes70 ORDINANCE __ 1805 AN ORDINANCE OF CITY OF FORT WALTON BEACH, FLORIDA, DELEGATING AUTHORITY TO THE CITY MANAGER TO SETTLE CERTAIN TYPES OF CLAIMS, FOR AND AGAINST THE CITY OF FORT WALTON BEACH; SETTING MONETARY LIMITS ON SUCH AUTHORITY; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority & Intent The authority for enactment of this ordinance is section 166.021, Florida Statutes (2007), and relevant provisions of the City Charter. The City of Fort Walton must deal, on a repetitive basis, with a number of administrative, quasi-judicial and litigation-related monetary claims against it, and must assert a number of such claims against other parties. The City Council of Fort Walton Beach intends to delegate certain settlement authority to the City Manager to assert and settle enumerated claims for and against the City up to a maximum of $20,000. The City Council hereby finds that the City Manager has the training, knowledge and experience to negotiate the most beneficial settlements that are consistent with applicable laws, regulations and statutes. Section 2. Authority to Settle The City Council hereby delegates to the City Manager, in addition to any previously delegated authority, the authority to negotiate and compromise settlements of routine claims, litigation and administrative matters, for and against the City of Fort Walton Beach, with third parties, and to execute releases and satisfactions of judgments and other liens that may be required by such settlements. Routine claims, litigation and administrative matters shall include: Forfeiture actions; Contract disputes; Garnishment actions; Billing and collection disputes with customers or suppliers of goods and services; Compromise of bankruptcy claims; and Mediation or other pre-suit settlements of claims or litigation that are not otherwise at the time of settlement covered by insurance defense. Bo TP rho Section 3. Report to Council The City manager shall report at least monthly to the City Council a summary of settlements made under this delegated authority. Section 4. Conflicts If any provision or term of this ordinance is inconsistent with any prior ordinance or resolution, the terms of this ordinance shall control. Section 5. Effective Date This ordinance shall become effective immediately upon approval by the City Council. a Nike fluhucr— ted Mike Anderson, Mayor “dnl, ae A Dra Hélen Spencer, A Clerk Toni L. Craig, City Attorney New language is underlined. Deleted language is stricken. Codification Instructions: Sections 1 & 2 shall be incorporated into the Code of Ordinances as section 4.01.04 of the Code of Ordinances. | DISPOSITION 2 of 2 1805 NORTHWEST FLORIDA Daily News Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties State of Florida County of Okaloosa Before the undersigned authorized personally appeared C ht stool eC Smif , who on oath says that (s)he is C lasot et Aviso of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a Lega\ AY az5 in the matter of Nekice of Pu Wie Heact 4 Ocd.non ce \Sos Court, was published in said newspaper in the issues of Avgush — \4, 2004 Affiant further says that the said Northwest Florida Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. STATE OF FLORIDA COUNTY OF OKALOOSA Subscribed and sworn to (or affirmed) before me this \Y \ Angus f COW (Date) by VE, A , who is/are personally known to me or has/have produced la CLSone If Y LL, VID UN as identification. (Type of iddntification) Adu y— Notary Public, Commission No. ELEANOR HYPES ¢ (Name of Notary typed, printed or stamped) Notary Public - State of Florida : : My Commission Expires Jul 30, 2011 A Cemmission # DD 699122 See _Bonded Through ational Notary Assn ;