Prior to the adoption of 09/14/2004 on 11/03/2004, Policy 2-3 read as follows.

PURPOSE: To establish City Council policy on the handling of damage claims submitted against the City of Lawton.

BACKGROUND: In the course of providing services to the citizens of Lawton, personal property is sometimes damaged. When this occurs, the City Council determines whether or not the City will reimburse the citizen for the damage.

PROCEDURES: Damage claims shall be filed with the City Clerk. The claimant will submit a completed claim form with proof of damages, if available, and a completed questionnaire as developed by staff. The questionnaire provides information relative to the claim so that staff can expeditiously and fully investigate the claim. Claimants will be given an informational pamphlet explaining the City's damage claim procedures.

The City Clerk, upon receipt of a damage claim, will refer it to the City Attorney's Office for investigation and further handling. The City Clerk will maintain a register showing claimants name, date filed, type of damage, amount, and final determination by City Council.

When the investigation of the claim is complete, the City Attorney will have a memorandum opinion prepared outlining the City's liability, including a recommendation for approval or denial. The City Attorney Office will advise the claimant by letter of this recommendation and the date and time the claim will be considered by the City Council. The damage claim will then be placed on the City Council Agenda.

Following Council action to approve a damage claim, the appropriate division will immediately initiate a requisition for payment to the claimant in the amount approved by the City Council.

Damage claims approved for payment in the amount of $400 or more will be paid by confession of judgement. Damage claims approved for payment in an amount less than $400 will be paid by the appropriate budget activity within the budget adopted by the City Council.

RESCISSION: This policy originally became effective August 25, 1992 as Council Policy 24. This version adds and clarifies procedures in the policy updated and renumbered as Council Policy 2-3 on August 25, 1992.