A. Payment Or Settlement; Approval Required: No claim or lawsuit shall be approved for payment or settled by the city without the approval of a majority of the mayor and board of commissioners. Such approval may be given by the mayor and board of commissioners by either the approval of the claims list containing such claim or lawsuit amount or by the approval of an appropriate agenda item.
B. Denial Of Claim: Any general liability claim, which is proposed to be denied, shall be deemed denied by the city whenever one of the following events first occurs:
1. More than ninety (90) days expires from the date the claim is filed by claimant with the city clerk; or
2. Written notice of denial of the claim is given to the mayor and board of commissioners and neither the mayor nor any two (2) commissioners, within ten (10) days of the date of the written notice, recommends that the matter be considered at the next regular city commission meeting. After the expiration of such time period with no such recommendation received by the city manager, the city attorney shall send notice to such claimant that the claim has been denied.
C. Payment From Proper Account: All claims and lawsuit settlements approved by the mayor and board of commissioners in an amount up to and including twenty thousand dollars ($20,000.00) shall be paid from the respective general liability or workers' compensation reserve account, except as specifically provided by the mayor and board of commissioners.
D. Settlements Through Tax Levy; Payment Time Limit And Interest:
1. All claims and lawsuit settlements approved by the mayor and board of commissioners greater than twenty thousand dollars ($20,000.00) shall be placed on the judgment rolls and levied as an increase in ad valorem taxes as provided by 62 Oklahoma Statutes sections 361 through 365.6 and 435, or as such sections may be hereinafter amended.
2. Such judgments may be sold and assigned to the Enid retirement plan or such other person or entity chosen by the judgment assignor.
3. Judgments shall be paid in full within three (3) years from their initial levy, or such later time as necessary to fully pay the amount of the judgment and interest, and shall bear interest in an amount not to exceed ten percent (10%) per annum. A court of competent jurisdiction, based on consideration of evidence of proof, may provide for the judgment to be paid over a period of not less than one nor more than ten (10) years, at such interest rate as is provided by 51 Oklahoma Statutes section 159C, or as such section may be hereinafter amended. (Ord. 2009-06, 2-3-2009, eff. 7-1-2009)