§ 4 — PAYMENT OF MERITORIOUS CLAIMS

SEC. 4. PAYMENT OF MERITORIOUS CLAIMS.

(a) Subject to Sections 1, 2, and 3 of this chapter, in order to accomplish justice and fairness, the city council shall have the power and authority to pay claims that it deems to be meritorious for damages to real or personal property and for personal injury whether resulting in death or not, suffered by any member of the public through no fault of his or her own, but that results from direct, positive, affirmative action or physically doing of something that should not have been done by officers, agents, or employees of the city while engaged in the performance of a governmental function; provided, however, that no claim may be settled, compromised, and paid if such claim would be barred by applicable statutes of limitations. (b) No payment shall be made unless the claimant accepts the amount allowed as in full compromise and settlement of all amounts claimed or to be claimed against the city, its officers or employees, arising from the same facts. In the event that no settlement is made, nothing herein contained or done hereunder shall prejudice the city in any defense that it may have in any suit or action. Nothing contained herein shall be construed as creating a cause of action or the giving of any right to institute or maintain any suit or action that would not otherwise exist or be cognizable under the law as a legal claim; provided, however, this section may never be used to pay any claim arising under Section 5 of this chapter concerning claims arising out of floods, war, insurrection, riot, civil disorder, or commotion. (Amend. of 11-8-05, Prop. No. 13)