111.04 IMMUNITY IN PERFORMANCE OF GOVERNMENTAL FUNCTIONS.

   In addition to the immunity provided in Sections 111.02 and 111.03 hereof, in the performance of its governmental functions, which shall mean those activities and functions of the City declared by Council to be "governmental", except as otherwise provided by the statutes of the State, the City, its employees and agents shall be absolutely immune from suit and liability. Governmental functions, as defined by Council, shall include the provision or nonprovision of all police and fire services; the issuance, approval or rejection of all licenses and permits; the design, construction or reconstruction of any and all public improvements; the provision or nonprovision of inspection services of any and all kinds, including the approval of plans for the construction of buildings and structures and the inspection thereof; the construction, reconstruction, repair, renovation, maintenance and operation of buildings used by the City in performing government functions; the design, construction, reconstruction, renovation, repair, maintenance and operation of all publicly held property, including but not limited to public parks and cemeteries; the erection or nonerection of any and all traffic signs and/or traffic control devices; the design, construction, reconstruction, renovation, repair, maintenance and operation of any and all Municipal streets, water, sanitary sewers and other public utilities; and the enforcement or nonenforcement of any and all laws, ordinances or resolutions, administrative rules or other written policies, customs or practices of the City. (Ord. 1984-37. Passed 5-2-84.)

111.05 EXTENT OF LIABILITY.

   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. Section 701.02.

   (b)   The City, its agent 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 Sections 111.02 and 111.03.

   (c)   The maximum liability of the City 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; 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 existing budgetary resources of the City, taking into account all other known and reasonably 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 residents, 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 it be the responsibility of the City, its agents or employees to respond if 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. 1984-37. Passed 5-2-84.)

111.06 PRESENTATION OF CLAIMS.

   No action for damages shall be brought against the City or its employees unless the claim upon which it is based has been presented as provided herein:

   (a)   A written claim with respect to an injury to person or damage to property shall be presented to the City within 180 days after the personal injury, property damage or death giving rise to the alleged cause of action occurred, by filing the claim with the Clerk of Council. The claim shall contain all of the following:

      (1)   The name and address of the claimant;

      (2)   The address to which the person representing the claim desires notices to be sent;

      (3)   The date, place and other circumstances of the occurrence which gave rise to the claim asserted;

      (4)   A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim; and

      (5)   The name of the political subdivision, and the name or names, if known, of its employees or other persons, causing or contributing to the injury or loss.

   If the written claim required by this section is not filed within the time provided by this section, the City in an action filed against it may interpose a plea that the claim has not been filed or has not been timely filed, and the failure to file the claim within the time provided by this section is a bar to the action. (Ord. 1984-37. Passed 5-2-84 )

111.07 TIME LIMITATION FOR ACTION AGAINST CITY.

   Except as may otherwise be statutorily established, an action against the City or any employee of the City arising out of an injury to person or damage to property, or any cause of action arising from such personal injury or property damage, or any other civil action for money damages, whether brought as an original action, a cross-claim, a counterclaim, a third party claim or as a claim for subrogation, shall be brought within two years after the cause of action for the personal injury or property damage, or other damages arose, or within any applicable shorter period for bringing the action provided by the Ohio Revised Code.

(Ord. 1984-37. Passed 5-2-84.)

111.08 RESTRICTIONS ON ACTIONS AGAINST CITY.

   Except as otherwise expressly mandated by the Ohio Revised Code, in an action against the City or its employees based on liability under these provisions:

   (a)   No interest shall accrue prior to the entry of judgment;

   (b)   No punitive or exemplary damages shall be awarded;

   (c)   No damages shall be awarded for pain and suffering resulting from any injury; and

   (d)   If an injured party receives or is entitled to receive benefits for the injuries allegedly incurred from a policy or policies of insurance or any other source other than a joint tort feasor, such benefits shall be disclosed to the Court and the amount thereof which duplicates any benefit contained in the award shall be deducted from any award against the City, its agents or its employees recovered by such an injured party. Nothing in this division shall be construed to limit the rights of a beneficiary under a life insurance policy. No insurer or other person is entitled to bring an action under a subrogation provision in an insurance or other contract against the City with respect to such benefits. (Ord. 1984-37. Passed 5-2-84.)

111.09 PAYMENT OF UNINSURED JUDGMENTS.

   No property, whether real or personal, or moneys, accounts, deposits or investments of the City are subject to a levy of execution or judicial sale or attachment to satisfy a judgment for damages rendered against the City regardless of whether liability is based on these provisions, other provisions of the Ohio Revised Code, or the common law. Uninsured judgments shall be paid from funds appropriated for that purpose, and if sufficient funds are not currently appropriated for the payment of judgments, the Finance Director shall certify the amount of any unpaid judgments to the Taxing Authority for inclusion in the next succeeding fiscal year as provided by Ohio R.C. Section 5705.08, unless any such unpaid judgment is to be paid from the proceeds of bonds issued pursuant to Ohio R.C. Section 133.27 or pursuant to annual installments authorized by Ohio R.C. Section 2744.10. (Ord. 1984-37. Passed 5-2-84.)

111.10 INSTALLMENT PAYMENTS FOR UNINSURED JUDGMENTS.

   At the option of the City, uninsured judgments for liability based on these provisions may be paid in equal annual installments over a period not to exceed seven years, subject to the payment of interest at the legal rate. (Ord. 1984-37. Passed 5-2-84.)

111.11 DEFENSE OR INDEMNITY OF COUNCIL, BOARD OR COMMISSION MEMBERS, AGENTS OR EMPLOYEES.

   The City may defend and may indemnify, in whole or in part, its Council members, board or commission members, agents or employees for the costs of suit and judgments rendered, whether or not the action is brought under these provisions. Amount expended in the defense of or to indemnify its Council members, board or commission members, agents or employees shall be from funds appropriated for this purpose. The defense or indemnity allowed herein is discretionary and no action or appeal of any kind shall be brought by any person, including the employee or a taxpayer, with respect to the City's decision whether to indemnify, or with respect to the amount and circumstances of the indemnification.

(Ord. 1984-37. Passed 5-2-84.)