§ 110-3. Personal Injury, Death and Property Damage Claims Against City.  


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  • The proper officers are hereby authorized to pay damage claims to the extent of current or future out-of-pocket expenses, based on personal injury, death or property damage caused by the negligence of city employees carrying out governmental functions in those cases where, in the opinion of the city solicitor, the city would be liable except for its defense of governmental immunity.

    Nothing in this section shall be construed as waiving the city's defense of governmental function or governmental immunity in any action brought against the city for damages based upon personal injury, death or property damage caused by the negligence of a city employee, officer, or agent.

(Ordained by Ord. No. 143-1960, eff. May 13, 1960, as uncodified ordinance; reordained as C.M.C. 109-13, eff. Jan. 1, 1972; renumbered to C.M.C. 110-3 by Ord. No. 249-1979, eff. July 13, 1979)