HomeMy WebLinkAboutRES NO 154-92RESOLUTION NO. 154-92
A RESOLUTION AUTHORIZING SE'rI'hEMENT
OF CERTAIN PROPERTY DAMAGE CLAIMS.
WHEREAS, generally, Police and Fire Departments are
statutorily immune or otherwise protected by California law for
liability for damages to innocent third-party bystanders for lawful
police and fire activities. Examples of such activities include
windows that are shot out of cars where a police officer has
lawfully fired his weapon at a fleeing felon, damage to a structure
owned by a third party where a police officer and an arrestee are
engaged in a struggle and water damage to a bystander's car while
firefighters are engaged in fighting a fire in an adjacent
structure; and
WHEREAS, though these enumerated types of situations do
not normally result in liability to the City of Bakersfield, in the
interests of fairness, the Council believes innocent third parties
whose property is damaged should be entitled to some compensation
where the damage occurs through absolutely no fault of their own.
NOW, THEREFORE, BE IT RESOLVEDby the Council of the City
of Bakersfield as follows:
1. The above-recitals are true and correct and are
incorporated herein by reference.
2. The City Attorney's Office and Office of Risk
Management are hereby granted discretion to compensate innocent
third parties for property damage in an amount not to exceed one
thousand dollars ($1,000.00) per occurrence when, in their opinion,
it is discovered the damage occurred through no fault of the third
party.
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ORIGINAL
I HEREBY CERTIFYthat the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on August 5. 1992 , by the following vote:
AYES; COUNCILM~MBER~: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT,
NOES; COUNCILMEMBERS:
~BSENT COUNCILMEMBERS:
,~BSTAIN: COUNCILMEMBERS'
CITY CLERK and EX OFFICIO) of the
Council of the City of Bakersfield
APPROVED AuKust 5, 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
CITY ATTORNEY, City of Bakersfield
RMS/meg
CLAIMS.POL\
3RD-PART.R-1
5/12/92
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ORIGINAL