087 of 1986 - No-Fault Golf Claims Amendment 0 86-1
0 86-13
j
SALT LAKE CITY ORDINANCE
No . 87 of 1986
(No-Fault Golf Claims )
AN ORDINANCE AMENDING TITLE 27 OF THE REVISED ORDINANCES OF
SALT LAKE CITY, UTAH, 1965, BY ADDING A NEW CHAPTER 10 RELATING
TO NO-FAULT GOLF CLAIMS.
Be it ordained by the City Council of Salt Lake City , _Utah:
SECTION 1. That Title 27 of the Revised Ordinances of Salt
Lake City , Utah, be, and the same hereby is, amended by ADDING a
new Chapter 10 thereto relating to No-Fault Golf Claims, to read
as follows :
Chapter 10
NO-FAULT GOLF CLAIMS
Sections:
27-10-1 . Short title.
27-10-2. Purpose :
27-10-3 . Definitions
27-10-4. Application for reimbursement .
27-10-5 . Review of applications.
27-10-6. Maximum payments .
27-10-7. Criteria for payment.
27-10-8. Budget .
27-10-9. Regulations.
27-10-10. Conditions .
27-10-11. No governmental claims .
Sec . 27 -10-1. Short title . this chapter shall be known as
the "No-Fault Golf Claims" ordinance.
Sec . 27 -10-2. Purpose. It is the purpose of this ordinance
to compensate persons for loss sustained as the result of damages
from a golf ball hit from a City-owned golf course , regardless of
fault, within the restrictions, limitations and other provisions
of this ordinance.
Sec . 27-10-3 . Definitions. Unless the context specifically
indicates otherwise, the following terms and phrases, as used in
this ordinance, shall have the meanings hereinafter designated :
(1) "City" means Salt Lake City Corporation , a political
subdivision of the State of Utah.
(2) "City Attorney" means the City Attorney or• his
designee .
( 3 ) "Person or applicant" means any individual , partner-
ship, co-partnership, firm, company , corporation , association,
joint stock company , trust, estate, or any other legal entity
( except the U. S. Government or any of its agencies, the State of
Utah and any of its political subdivision) or their legal
representatives, agents or assigns .
(4 ) "Political subdivision" means any political subdivision
of the State of Utah, including state departments and agencies ,
cities, towns, counties and school districts.
Sec . 27-10-4. Application for reimbursement. All applica-
tions for reimbursement hereunder must be submitted to the City
Recorder within 90 days after the incident occurs .
Sec . 27-10-5. Review of Applications. Applications
received by the City Recorder shall be referred to the Department
of Parks for investigation and recommendation. The department' s
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report shall be forwarded to the City Attorney for determination
under the criteria of this ordinance. All payment authorized by
the City Attorney shall be made by the Director of the Department
of Parks solely from funds to be set aside hereunder .
Sec . 27-1 0-6. Maximum payments. No payment under this
ordinance shall exceed any of the following :
( 1 ) $3 00. 00 per application or location;
(2 ) $1, 000. 00 per incident ;
(3 ) The maximum funding limit of $10, 000. 00 per calendar
year for this fund regardless of number of claims involved .
Sec . 27-1 0-7. Criteria for payment.
(1 ) The determination as to whether to make payment for
loss under this ordinance shall be based on the following
criteria :
( a) Whether an eligible applicant suffered an other-
wise 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
( b) If so , whether the extent of the loss has been
adequately substantiated .
( c) If there is an unencumbered balance from which to
draw .
( 2 ) The following shall result in the denial of an
application :
( a) Application not timely submitted;
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( b) Loss fully covered by private insurance;
( c) Applicant ineligible under the terms of this
ordinance ;
(d) Loss caused by an irresponsible act of the
applicant, applicant' s agent , or member of applicant' s
business or household;
( e) Loss or eligibility unsubstantiated .
( 3 ) The following shall result in reduction of payment:
( a) Loss partially covered by private insurance ;
( b) Loss exceeds funding limits of this ordinance;
( c) Verification of loss inadequate or incomplete ;
(d) Applicant did not cause the problem but failed to
act responsibly to minimize the loss .
Sec . 27-10-8. Budget. The City Department of Parks is
hereby authorized to provide for and include within its budget
within the golf course fund an amount not to exceed $10, 000. 00
annually from which funds may be drawn to make the foregoing
payments.
Sec . 27-10-9. Regulations. The Director may establish
regulations sufficient to provide for the handling of such claims
and disbursement of those funds which are set aside for payment
of claims hereunder .
Sec . 27-10-10. Conditions.
( 1 ) Any payment made hereunder shall not be construed as an
admission of nor does it imply any negligence or responsibility
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on the part of the City for such damage. Any payment made here-
under is strictly voluntary on the part of the City.
( 2 ) This ordinance 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 , and its
application to the City, or establish in any person a right to
sue the City under this ordinance.
(3 ) Any payment made hereunder and accepted shall consti-
tute a full and complete release of any and all claims against
the City, its officers, employees and agents arising from the
incident.
Sec . 27-1 0-11. No governmental claims. Notwithstanding any
other provisions of this ordinance , no application shall be
accepted from the United States or any of its departments or
agencies, the State of Utah or any political subdivision .
SECTION 2. This ordinance shall take effect upon its first
publication .
Passed by the City Council of Salt Lake City , Utah, this
= day of November , 1986.
CHAIRPERSON,
ATTEST: AVPROVr-D AS TO r-OPM
Salt l.a?ce City j"fin,ney's
Q5 ii;4
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iy
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CTI TY R,E R DE R
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N
Transmitted to Mayor on November 7, 1986
Mayor's Action: 11/7/86 2pproved . Ve toed .
MAYOR
ATTEST:
Y
C RF' R ER
GRH:rc32
( SEAL )
Bill 8�.-_01 iJ 86
Published: November 13, 1986
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Affidavit of Publication ADM-35A
STATE OF UTAH,
SS.
County of Salt Lake
Legal Notices legal Notices CHRIS ANDERSON
.............................................................................................
IkITV
SALT No.87 of 19ANCE
86
(No-Fault Golf Claims)
AN ORDINANCE AMENDING TITLE 27 OF THE REVISED
ORDINANCES OF SALT LAKE CITY UTAH 1965,BY ADDING,
A NEW CHAPTER 10 RELATING.TO NO-FAULT GOLF
k
Bein first dui sworn de oses and sa s that he/she is
se I►ordalnod by o C�fy Cl of Salt lake Clry Utah:. g Y P Y$'City,N,aaT,andt►�somefhRev rebyId mended by}Santle al advertisin clerk of the DESERET NEWS a dailak0'Clfv,Utah,bg,adthe same hereby Is,amended by ADD• gg � Y
roado0ollopteCiOlheretoralatlnatoN •FaultGolfclalms, newspaper printed in the English language with general
read as'foliowsr h
i`•' - tvo-FAULTaco�FCLAIMs circulation in Utah, and published in Salt Lake City,
Se`"ti.1. Short title. Salt Lake County, in the State of Utah.
27-10
27•10.2. Purpose.
27-10.3. Definitions
�7 10=4. Application for reimbursement.
27-io•5. ReviewMaxim m Payments.
That the legal notice of which a co is attached hereto
27.10.6. Maximum payments. g PY
27.10.7. Criteria for payment.
27-10.8;Budget.
27-10.9: Regulations
27-10.10.Conditions.
27.10-11.No governmental claims.
Sec.27-10.1.Short iftie.This chapter shall be known 6s the
'-No-FoultGolf Claims"ordinance. ORDINANCE AMENDING OF TITLE 27
Sec.27.10-2.Purpose.ItIsthe purpose ofthis.ordinanceto ...................................................................................
compensate persons for lass sustained as the result of damages
from a If ball hit from 6 Cttyowned golf course,regardless of
fault,within the restriction$limitations and other provisions of
this-ordinance. i
Sec.27510-3.Defintions.Unless the context specifically In-
dtcfes otherwise the following terms ch phrases,as used In
this ordinance,shall have the meanings hereinafter designated:
divlsor)i f the Stater of Utah. City Curporatian,a political sub-
.............................................................................................
(2)"City Attorney"means the CIty Atternev or his designee.
(3)"Person or applicant"moans any Ind!vldual,partner-
ship co-partnership,firm,cornpanY,corporation,association,
lol;Wstock company,trust estate,or any other legal entity(ex- .............................................................................................
cept fire U.S.Governme;xf or any of Its aap0encles,the State of
Utah and any of tis po!itical 5•Jbdlvlslon)or,;ltrelr legal represen-
tatives,agents or assigns.
(4)"P01"IcoIsubdivislon".means 019P011tic0i subdivision of was published in said newspaper on
the State of Utah,including state departments and agencies, ...................... .......
clttes,towns,counties and school districts.
Sec.27-,0.4,Application for reimbursement.All appllca•
Mons for reimbursement hereunder must be submitted to the NOV 13,1986
CityRecorder within 90 days after the Incident occurs. .............................. ........<... vy............. ...... .
Sec.27.10.5,Review of Applications.A referred Ilcatlons received
rtment of
Parks the�Investigation shall
ln -recommendation. The depart-
ment's report shall beforwarded to the City Attorney for deter• l
minotion under the criteria of this ordnance. """"""""All payment au- ••"""" .. "' "' """""•'•""••"""
theDeportmeenntCity
Pd ks olelyfromhall fundstob modo esetaslidehere- Legal dvertising Clerk
under.
Sec.27.10 6.Maximum payments.NO payment under this
ordinance shall exceed any of the following:
(1)S300.00 per application or'locdtlon;
((2)$1,000.00 per Incident;
(3)The maximum funding limit of$10,000.01 per calendar
year for this fund regardless of number of claims Involved.
Sec.27.10.7.Criteria for payment.
(1)The determination as to whether to make poyment}or
loss under this ordinance shall be based on the following crite-
ria.,
(a)Whether an eligible applicant suffered an other-
wise uninsured property loss,caused by a golf ball hit
from a City-owned golf course,under circumstances 02 rid
wheretheappilcontacted responsibly to avoid theloss; ire me this .................................................................... day of
and '
(b)If so,whether the extent of the'(dss has
been adequately substantiated.
(c)if there is an unencumbered balance from A.D. 19..........
'which tc draw.
(2)The following shall result In the denial of an application:
(a)Application not timely submitted;
(b)Loss fu covered by private Insurance;
- (c)Appllc0lly ineligible under the terms of this
ordinance,,..
!':.....:.... .........................................................
Notary Public
My Commission Expires
&R
MARCH 01 ,1988
` '
OF
LVpll .nlc�S pelyit,orlmembe�lof mplpnconmt's
business"�'household;
(3)The}ollowing shallaresult In reductltlon ofePayment.
(a)Loss porfially wvered Il
bV Private Insurance;
(b)Loss exceetls fundlnp mills of this o4k
qMO;
(c)Verification M loss Nlade0uaM or IMam•
FIN%, (d)Appllcam did not cause the problem but
failed 10 Oct resppor0}6bly torymyimmlze me bus.
by authar27.7M.
liM M orrovMforhmla lncl�iwith n ittspbp dget wMMn
from which funds an De drown M make the0Con C00 oning annual
Iallons SUMcleM to Wo 4fo Writing
Octor of succhc1.1 sand
calms disbursement
0 t�funds which are set aside for poyment of
Sec.27-10.10.Conditions.
d'mIsslono/nor doesNlmgY eundenrshall not"
orrrnuedas
11Z.-a eporrmmecxyforsuchaamade.A ypayme
hereulMer Is shlcll.C N morY on me Port of tt�e C4.
pmods
(b2ropole Mee'SAote Governmelnni immunlH Act oaoppCode
An
tod�e ClNdor es IcFin any p�°sm o rflMsue me City
under this oraLwnce.
Nhufe a full dad Cumpl�ek�relBNosel o mY�antl Ilcla m5lapaln9t
the Cfiy,Ifs officers,emploYeos ono aped'arising from the
lacki, .
Sec.27.10-11.No fptohvl rnmental claims.NoWthsmnWng
accep ed horn tthe United States or my ofoltps Jeahon shall be
ogencbs the Slide N Uloh or anY Political subdivlsp on ems or
SECTION 2.This ordir-ce shall take effect upon Its first
FubllPcossed by the CA Council of Safi Lake City,Utah,this ft
d0y of November,1906.
/'/Earl F.Hor,cl.lCkAIRMAN
ATTEST: CHAIRMAN
/s/KamNn Marshal
CRV RECORDEk
ors iarod�vrciber 7,1906Transmitted
aY Action Apo
/s/Palmer A.DePaulls
MAYOR-
ATTEST:
Is/Kathryn Marshall
CITY RECORDER
(SEAL)
PublisheE N uember 15,1936
006-31
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