3.32.070: CRITERIA FOR PAYMENT:

   A.   The determination as to whether to make payment for loss under this chapter shall be based on the following criteria:

      1.   Whether an eligible applicant suffered an otherwise uninsured property loss, caused by a golf ball hit from a city owned golf course, under circumstances where the applicant acted responsibly to avoid the loss; and

      2.   If so, whether the extent of the loss has been adequately substantiated;

      3.   If there is an unencumbered balance from which to draw.

   B.   The following shall result in the denial of an application:

      1.   Application not timely submitted;

      2.   Loss fully covered by private insurance;

      3.   Applicant ineligible under the terms of this chapter;

      4.   Loss caused by irresponsible act of the applicant, applicant's agent, or member of applicant's business or household;

      5.   Loss or eligibility unsubstantiated.

   C.   The following shall result in reduction of payment:

      1.   Loss partially covered by private insurance;

      2.   Loss exceeds funding limits of this chapter;

      3.   Verification of loss inadequate or incomplete;

      4.   Applicant did not cause the problem but failed to act responsibly to minimize the loss. (Ord. 87-86 § 1, 1986: prior code § 27-10-7)

3.32.080: MAXIMUM PAYMENTS:

No payment under this chapter shall exceed any of the following:

   A.   Three hundred dollars ($300.00), per application or location;

   B.   One thousand dollars ($1,000.00) per incident;

   C.   The maximum funding limit of ten thousand dollars ($10,000.00) per calendar year for this fund regardless of number of claims involved. (Ord. 87-86 § 1, 1986: prior code § 27-10-6)

3.32.090: PAYMENT DOES NOT IMPLY LIABILITY:

   A.   Any payment made under this chapter shall not be construed as an admission of nor does it imply any negligence or responsibility on the part of the city for such damage. Any payment made under this chapter is strictly voluntary on the part of the city.

   B.   This chapter shall not in any way supersede, change or abrogate the state governmental immunity act, Utah Code Annotated, section 63-30-1 et seq., as amended, or its successor, and its application to the city, or establish in any person a right to sue the city under this chapter.

   C.   Any payment made under this chapter and accepted shall constitute a full and complete release of any and all claims against the city, its officers, employees and agents arising from the incident. (Ord. 87-86 § 1, 1986: prior code § 27-10-10)

3.32.100: BUDGET EXPENDITURE:

The city department of public lands is authorized to provide for and include within its budget within the recreation fund an amount not to exceed ten thousand dollars ($10,000.00) annually from which funds may be drawn to make the foregoing payments. (Ord. 31-21, 2021: Ord. 45-01 § 4, 2001: Ord. 45-93 § 19, 1993: Ord. 87-86 § 1, 1986: prior code § 27-10-8)

3.32.110: CLAIMS FROM OTHER GOVERNMENTAL AGENCIES:

Notwithstanding any other provisions of this chapter, no application shall be accepted from the United States or any of its departments or agencies, the state or any political subdivision. (Ord. 87-86 § 1, 1986: prior code § 27-10-11)