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City council Meeting 10-27-87 Santa Monica, California
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STAFF REPORT OCT 27 !S87
TO: Mayor and city Council
FROM: city Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
Section 2804 Relating to City Attorney Authority
to Settle or Compromise Any Liability of City
Within A Specified Dollar Amount
At its meeting on October 13, 1987, the City council
introduced for first reading an ordinance amending Santa Monica
Municipal Code Section 2804 to increase the amount of authority
granted to the city Attorney to settle or compromise any
liability of the City. The ordinance is now presented to the
City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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OC1 2 7 1981
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CA:RMM:rmd538/hpca
ci ty Council Meeting 10-27-87 Santa Monica, California
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ORDINANCE NUMBER l42l(CCS)
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(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 2804 RELATING TO CITY ATTORNEY AUTHORITY
TO SETTLE OR COMPROMISE ANY LIABILITY OF THE CITY
WITHIN A SPECIFIED DOLLAR AMOUNT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 2804 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 2804. City Attorney
settlement Authority. The City Attorney,
or his or her duly authorized assistant or
deputy, is hereby authorized to settle or
compromise any liability of the City,
whether a claim has been filed as provided
by law or not, in all cases where the
amount necessary to be expended in order
to settle or compromise such claim does
not exceed Fifteen Thousand Dollars
($15,000.00) , without the necessary of
first receiving the approval of the City
council and said City Attorney in such
event is authorized to request the
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Director of Finance to draw a demand
directly upon the appropriate
self-insurance fund for the payment of
such sum. The Director of Finance is
authorized to draw such demand upon the
request of the City Attorney.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3 . If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the city Clerk shall
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attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS J
City Attorney
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Adopted and appro
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I hereby certify th t the foregoing Ordinance No. 1421(CCS)
was duly and at a meeting of the City
Council on the 13th day of October 1987; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 27th day of October 1987 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: counci1rnembers: None
Absent: Councilmembers: None
ATTEST:
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City Clerk