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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. .......... o0o .......... 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 - 2 - ORIGINAL