ORDINANCE introduced by City Manager Stephen Wade, concerning motor vehicle claims, repealing Sections 3.35.010, 3.35.020 and 3.35.060 of the Topeka Municipal Code.
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval will clarify settlement authority for motor vehicle claims.)
Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
Whether to amend TMC 3.35.010 to delete the definition of motor vehicle claims. Whether to amend TMC 3.35.020 to state that the City Clerk shall submit all tort claims to the City Attorney's Office for processing and whether to repeal TMC 3.35.060 so that all motor vehicle claims are processed as regular tort claims through the City Attorney's Office and all settlement authority applies.
Staff recommends the City Council move to approve the ordinance.
The City Manager has made an administrative decision not to renew the city's motor vehicle insurance and instead process all motor vehicle claims under the Kansas Tort Claims Act. This requires an amendment to the TMC to change the location of processing of these claims from Risk Management to the City Attorney's Office. It also requires the City Attorney's settlement authority under 3.35.030 and 3.35.040 be applicable.
Treatment of motor vehicles as tort claims should have positive budgetary impact.
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