The City shall be liable to respond in damages to the extent not heretofore excluded and exempted, if so found by a court of competent jurisdiction, upon trial thereof, or by way of a legislatively authorized and approved settlement, on account of injury to a person or persons or damage to property, only as provided, and to the extent provided, in this section:
(a) The City, its agents or employees, shall be liable to respond in damages, to the extent set forth in subsection (c) hereof, for personal injury to persons or damage to property, caused by the negligent operation of any motor vehicle by its employees upon the public roads, highways, or streets of the City, or elsewhere, when the employees are engaged within the scope of their employment and authority, except where such injuries are otherwise exempted from liability under Ohio R. C. 701.02.
(b) The City, its agents or employees shall be liable to respond in damages, to the extent set forth in subsection (c) hereof, for all other claims or demands for injury to persons or property not otherwise exempted in Section 105.03 hereof.
(c) The maximum liability of the Municipality shall, for all causes to which the City is liable to respond, be limited to the sum of two hundred fifty thousand dollars ($250,000) per injured party, for all injuries and damages, including any and all court costs, fines or forfeitures and attorney fees; provided, however, that should the City have liability insurance in effect in a larger amount, as may legislatively be determined by Council to be available within the existing budgetary resources of the City, taking into account all other known and reasonable anticipated fiscal needs for the provision of governmental services, including but not limited to basic services for police, fire and public safety for the general health, welfare and convenience of its citizens, then the City shall be liable to respond to the full extent of its coverage to any such injured party or parties. In no event shall the responsibility of the City, its agents or employees to respond in damages exceed its then existent insurance coverage, or the sum of two hundred fifty thousand dollars ($250,000) per injured party, whichever is greater.
(Ord. 1985-20. Passed 9-3-85.)