HomeMy WebLinkAboutOrdinance 2024.026 Revising Marana Town Code Title 3 (Administration), Chapter 3-5 (Claims and Settlement) 20243610227
ORDIN
12/26/2024 12:39:56 PM Page: 1 of 2
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2024.026
RELATING TO ADMINISTRATION; REVISING MARANA TOWN CODE TITLE 3
(ADMINISTRATION), CHAPTER 3-5 (CLAIMS AND SETTLEMENT), SECTIONS 3-5-1
(CLAIMS ADMINISTRATION) AND 3-5-2 (SETTLEMENT AUTHORITY) TO CLARIFY
ROLES, RESPONSIBILITIES, AND AUTHORITY RELATED TO CLAIMS AND
SETTLEMENTS; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Manager is authorized by Marana Town Code Section 3-2-
1(G)(1)to execute,on behalf of the Town Council,general administrative supervision and
control of the affairs of the Town; and
WHEREAS the Town Attorney is authorized by Town Code Section 3-2-7(C)(6) to
prosecute and defend all suits, actions or causes where the Town is a party; and
WHEREAS the Town Council is authorized by A.R.S. § 9-240 to control the
finances of the Town; and
WHEREAS, on September 2, 2014, the Town Council adopted Ordinance No.
2014.022, adding Chapter 3-5 entitled "Claims and Settlement" to the Marana Town
Code, authorizing the Town Manager, in consultation with the Town Attorney, to settle
claims by and against the Town under the amount of$15,000; and
WHEREAS the Town Council finds that the revisions to Marana Town Code
Chapter 3-5 set forth in this ordinance are in the best interests of the Town of Marana.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 3 (Administration), Chapter 3-5 (Claims
and Settlement) is hereby amended as follows (with additions shown with double
underlining and deletions show with strikcthrough:,):
3-5-1 Claims administration
A. The town manager, in consultation with the town attorney and the risk manager, shall
establish procedures to process,evaluate,investigate and report claims filed against the town.
B. The town attorney is authorized to file such claims,counter-claims,or third party claims,and
to take such other legal action, as may be necessary to seek subrogation and reimbursement
or to collect for damages sustained by the town.
Ordinance No.2024.026 - 1 -
3-5-2 Settlement authority
A. Whenever any contemplated settlement of a claim by or against the town is for the sum of not
more than$15,000,after due consideration and in the best interest of the residents of the town,
the town manager,in consultation with the town attorney and the risk manager,is authorized
to settle the claim.
B. No settlement The town manager shall not settle a claim of more than$15,000 shall be entered
into except with the approval of the council.
C. The town's insurance provider is authorized to enter into settlements or in accordance with
the provisions of the town's coverage agreement with its the insurance provider.
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances,
resolutions,or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. This ordinance is effective on the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this \1day of December 2024.
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Jon ost; ice ayor
ATTES • APP D AS TO FORM:
David L. Udall, Town Clerk J airall, own Attorney
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4MAPANA AZ
. ESTABLISHED 1977
Ordinance No.2024.026 -2-