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HomeMy WebLinkAboutORD NO 361ORDINANCE NO. ~/NEW SEHIES AN OH~INANCE AMENDING SECTiONS 2, 3 AND 8 OF ORDINANCE N0. 289 NEW SEHIES OF T_~JE f3ITY 0F BAKEF~- FIELD. BE IT 0HDAINED BY THE COUN~IL OF TP~E CITY 0F BAKERSFIELD, as follows: SECTION 1. ~... That Section 2 of Ordinance No. 289 New Series of the City of Bakersfield, entitled "AN ORDINANCE TO PROTECT THE COMFORT, HEAL'I~, SAFETY AND GENERAL ~ELFARE OF THE EMPLOYEES OF THE CITY OF BAEEhBFIk~.D, AS AB.~CTING THE INJURIES OR ILLNESS, CAUSING THE DISABILI~iY 0F ~PLOYEES IN THE COURSE OF THEIR EMPLOYMENT, CREATING A LIABILITY ON TI-RE PART 0F THE .3ITF 0F BAEERSFIELD IRRESPECTIVE OF THE FAULT 0F AE'Y PAH~IT; DESCMIBiN~ THE ~jv~0UNT 0F COMPENSATION TO BE PAID IN CASE 0B: SUCH LIABILITY, AND PHESCRIB~NG THE M~ETLO~S BY WHICH · SUCH P AI~ENT BE MADE, WHI.~N OHDINANCE IS TO SUPPLEMENT AND ADD TO THE PM0~ISIONS 0F THE WORK~AEN'S C0~vIPENSATION, INSURANCE AND SAFETY ACT OF 1917 AND ALL A~ND~ENTS THESET0, AND REPEALING ALL ORDINANCES AND PARTS 0F ORDINANCES IN CONFLICT HEHEWITH." be and the .same is hereby amended to read as follows: SEC TI ON 2. The compensation payable by this ordinance shall not be due, or payable, until such employee shall receive compensation by an award of the Industrial Accident Commission of the State of Cal- ifornia, or shall. receive compensation from the Insurance Fund of the State of California, then and when such compensation shall have been given and the amount therein fixed, such employee shall receive from the City of Bakersfield an mount equal to the difference be- tween the award of the said Industrial Accident Commission, or the aid given by the Insurance Fund of the State of California, and the salary, or wage, such employee received from the City of Bakersfield, not exceeding the time compensation is being paid by virtue of the -~. award of the Industrial Accident Commission of the State of Calif- ornia, or by the Insurance Fund of the State of California. SECTION 2. That Section 3 of Ordinance No. 259 New Series of the City of Bakersfield be amended to read as follows: SECTION 3. The compensation as p~ovided by this ordinance shall cease and all rights to such compensation shall end concurrently with the ending of the compensation under the Workmen's Compensation, Insurance and Safety Act of 191V, but in no event for a greater period of time than six (6) months, unless the Council upon written application shall extend the ter~n of allowance for an additional term not to exceed six (6) months, and all rights given by this ordinance to receive compensation shall be at an end and no further compensation shall be paid. SECTION 3. That Section 8 of Ordinance No. 259 New Series of the City of ~akersfield be amended to read as follows: SECTION 8. Upon the employee complying with the above provisions so as to entitled him to compensation as herein provided, then in that event a claim for compensation for injuries, or illness, received shall be made by such employee and filed with the City ~mnager of the City of Bakersfield. Such claim so filed shall ~mmediately be approved by the City ~'~anager of said ~ity and an order shall be made by him authorizing and requesting the Auditor of the City of Bakersfield to draw a warrant upon the Treasurer of the City of Bakersfield for the amount of compensation so due. Thereupon the Auditor of the City of Bakers field shall draw such warrant upon the Treasurer of the City of Bakersfield for such compensation as due, as aforesaid, and the Treasurer of said City of Bakers field shall thereupon pay the same, which payment shall be made out of the fund of th.e City of Bakers- field from which the salary of the injured employee has formerly been paid, provided it shall always be thee duty of such employee seeking the benefits of this ordinance, to. Always noti~y the City Manager of the City of Bakersfield, at once whe~"his compensation for such juries, or illness, has been terminated by the Insurance Fand of. ~e State of Cslifornia, or the Industrial Accident Commission of State of California. " SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. ..... o0o ..... I HEREBY C'EHTI~Y that the foregoing Ordinance was. passed and adopted by the Council of the City of Bakersfield on the ~ day of February, 1931. AYES, BENSON, CARLOCK, CORIETT, HERDEN, ,IO~NSON, MAR'fiN, WALTEBS NOE~, ~ ABSENT, ....... ~ ...................................................... Ctt Clerk of the Council of the City of Bakersfield. ruary, 1931. B'~kersfield.