O-16-37VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -37
AN ORDINANCE AMENDING SECTION 9 -24 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD TO PROVIDE THE VILLAGE
MANAGER WITH LITIGATION SETTLEMENT AUTHORITY
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of December 2016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
19th day of December , 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-1
AN ORDINANCE AMENDING SECTION 9 -24 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD TO PROVIDE THE VILLAGE
MANAGER WITH LITIGATION SETTLEMENT AUTHORITY
WHEREAS, the Village of Deerfield is a home rule unit of government pursuant to the
provisions of Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of local government, the Village may exercise any power
and perform any function pertaining to its government and affairs except as limited by Article VI1,
Section 6; and
WHEREAS, the Village is frequently the subject of claims, actions and litigation brought
against the Village ( "tort claims ") alleging wrongful acts or omissions by the Village; and
WHEREAS, the Village sometimes finds that disputed and uncertain tort claims can best
resolved and disposed of in the public interest through compromise and settlement, without the
expense and uncertainty of continued litigation and tort claim adjudication; and
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that it
would be efficient, economical, and in the best interests of the Village of Deerfield to authorize
the Village Manager, after consultation with the President and Board of Trustees, to negotiate,
authorize and approve tort claim settlements within the limits provided in this ordinance when the
Manager determines that it is in the best interest of the Village to compromise and settle such
claims;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That Section 9 -24 of Article 6 ( "Contracts ") of Chapter 9 ( "Finance and
Taxation ") is hereby amended to add the following as Paragraph (c) of Section 9 -24 and to rename
Section 9 -24 as "Manager's Authority for Purchasing and Tort Settlements" (additions are
indicated by underlining and deletions are indicated by st�„eeufmarkings):
Sec. 9 -24 Centraets under Twenty Thousand Dollars;
Manager's Authority for Purchasing and Tort Settlements:
(c) The Village Manager, after first consulting with the Board of Trustees. is
authorized to negotiate, settle and compromise any tort claims, actions or
lawsuits made or asserted_Against the _Villa= of Deerfield pursuant IQ a
written settlement agreement appr ved by the Village attorney that provides
for or includes monetary payments of not more than one hundred thousand
1 100 000.0( dollars of Village funds.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative
act ofa home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
-2-
PASSED this 19th day of December , 2016.
AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 19th day of December , 2016.
ATTEST:
V i la' p erk
-3-
Village President