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HomeMy WebLinkAboutOrd1980-481 or . 1/25/80 CEJ: JES:j es . . . - ~ntroduced By: City Manager Introduction Date: 02/12/80 Public Hearing and Enactment: 03/24/80 CITY OF SEWARD, ALASKA ORDINANCE NO. 481 ."'" AN ORDINANCE RELATING TO THE CITY ADMINISTRATION, REPEALING SECTIONS 2-1 THROUGH 2-7 AND CREATING SECTIONS 2.10.010 THROUGH 2.10.050 OF THE SEWARD CITY CODE THE CITY OF SEWARD, ALASKA, ORDAINS: Section 1. Sections 2-1 through 2-7 of the Seward City Code are hereby repealed. There is hereby created Seward City Code Sections 2.10.010 through 2.10.050 to read as follows: SECTION 2.10 GENERAL PROVISIONS Sec. 2.10.010 Records relating to general governmental affairs. All records relating to the general governmental affairs of the City shall be public records unless otherwise provided by law. All public records of the City shall be available at all times during office hours, and any person may inspect the same, provided he shall specify the record desired, and such record shall not be taken from the office. Such records or properties duly certified by the City Clerk shall be prima facie evidence of their contents. Sec. 2.10.020 Police and personnel records to be private; exceptions. All records compiled by the police department of the City and all personnel records are hereby classified as special records not relating to the general governmental affairs of the City and shall be private records unless otherwise provided by law or resolution of the Council. Private records shall not be available for inspection, copying or reproduction except by order of the City Manager, resolution of the Councilor order of a court of competent jurisdiction. When so reproduced, such records or copies duly certified by the City Clerk shall be prima facie evidence of their contents. Sec. 2.10.030 Records retention and disposal schedule. A general government records retention and disposal schedule, meeting all requirements set by State and Federal law, shall be established by resolution of the Council and shall be administered by the City Clerk. . . . . , . e City of Seward, Alaska Ordinance No. 481 Page Two Sec. 2.10.040 Liability of City for damages, injuries, etc. (a) The City shall not be liable in damages for lnJury to person or property by reason of negligence of the City, unless, within sixty days after such injury occurred, the person damaged, or his representative, causes a written notice to be served upon an officer of the City upon whom process may be served by law. Such notice shall state that such person intends to hold the City liable for such damages and shall set forth sub- stantially the time and place of the injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of the injury so far as known and the names and addresses of witnesses known to the claimant. (b) No person shall bring any action against the City for damages to person or property arising out of any of the reasons or circumstances aforesaid unless brought within the period prescribed by law nor unless he has first presented to the City Clerk a claim in writing and under oath, setting forth specifically the nature and extent of the injury and the amount of damages claimed. The City Clerk shall refer the claim to the City Manager, who must promptly thereafter present such claim to the Council for action. (c) Failure to give notice of injury or present a claim within the time and in the manner provided shall bar any action upon such claim. (d) of immunity which the negligence, but shall to the City. This section shall not be deemed to waive any defense City may have from claims for damages arising out of apply in all cases where such defense is not available (e) Any employee of the City involved in any occurrence resulting in injury to property or persons other than City property or City employees, or any City employee witnessing such an occurrence, shall (1) immediately secure or provide emergency care for injured persons in the same manner as would an average prudent person; or (2) immediately secure or provide emergency warning devices to prevent further injury to property; (3) immediately thereafter report such occurrence in writing to the Chief of Police on forms provided by the City and including any additional information he may require; and (4) in case of serious injury, verbal notice shall be given immediately to the eity Manager; and (5) the complete report describing in detail the above- stated elements of a potential claim against the City and including names and addresses of witnesses, shall be referred to the City Manager and the City Clerk. (f) No employee of the City may acknowledge liability in damages for injury to persons or property. (g) Any occurrence involving injury to both a City employee and City property and to persons other than City employees or other than City property shall be reported and processed in compliance with the procedures applicable to both Workmen's Compensation and public liability insurance, and the foregoing. . ~ . . . . . . - City of Seward, Alaska Ordinance No. 481 Page Three Sec. 2.10.050 Workmen's Compensation benefits. The City shall carry a special insurance program to compensate claims for injuries, sickness, disability or death of its officers or employees arising out of and during the course of their employment. Claims shall be filed with the City Clerk, subject to the time and provisions as prescribed by the Alaska Workmen's Compensation Act and Alaska Statutes Sec. 23.30.100. Section 2. This ordinance nakes effect ten days after enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 24th day of March , 1980. CITY OF SEWARD, ALASKA JO~ F :,.-1illesPie, Yice Mayor (~ Ii A~ > for: R~ond L. Hugli ~ M yor AYES: NOES: ABSENT: CAMPBELL, CRIPPS, GILLFSPIE, LEER, SORIANO AND SWARTZ NONE HUGLI ATTEST: APPROVED AS TO FORM: g'i <i J; . 9/ Y1ctUi ~ L-,' J~7J.i f Jo nne E. Shanley City Clerk CRANSTON, WALTERS, DAHL & JARRELL Attorneys for the City of Seward, Alaska ~~/ 'J1C~!tr; Ranald H. Jarrell ~ (City Seal)