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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.)
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.)
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.)
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.)