Loading...
87-9220 Fire Insurance Proceeds(Published in The Salina Journal October 30, 1987) ORDINANCE NUMBER 87-9220 AN ORDINANCE AMENDING CHAPTER 8 OF THE SALINA CODE BY ADDING ARTICLE XVI RELATING TO STRUCTURES DAMAGED BY FIRE OR EXPLOSION, PROVIDING FOR PAYMENT OF A PORTION OF INSURANCE PROCEEDS WITH RELATION TO SAID STRUCTURE TO THE CITY, PROVIDING FOR THE DISBURSEMENT OF SAID INSURANCE PROCEEDS AND CREATING A FIRE INSURANCE PROCEEDS FUND. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Chapter 8 of the Salina Code is hereby amended by adding Article XVI, which shall read as follows: "Chapter 8 Article XVI Structures damaged by fire or explosion "Section 8-500. Authorization. The city is hereby authorized to utilize the procedures established by K. S. A. 40-3901 et seq . , whereby no insurance company shall pay a claim of a named insured for loss or damage to any building or other structure located within the city, arising out of any fire or explosion, where the amount recoverable for the loss or damage to the building or other structure under all policies is in excess of seventy-five (75) percent of the face value of the policy covering such building or other insured structure, unless there is compliance with the procedures set out in this Article. (c) Upon the transfer of the funds as required by subsection (a) of this section, the insurance company shall provide the city with the name and address of the named insured the total insurance coverage applicable to said building or other structure, and the amount of the final settlement agreed to or arrived at between the insurance company and the insured whereupon the chief building official shall contact the named insured by registered mail, notifying them that the insurance proceeds have been "Section 8-501. Procedure. (a) When final settlement on a covered claim has been agreed to or arrived at between the named insured and the company and final settlement exceeds seventy-five (75) percent of the face value of the policy covering any building or other insured structure, and when all amounts due to the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company shall execute a draft payable to the city treasurer in an amount equal to the sum of five thousand dollars ($5,000) or ten (10) percent of the covered claim payment, whichever is less, unless the chief building official of the city has issued a certificate to the insurance company that the insured has removed the damaged building or other structure, as well as all associated debris, or replaced, rebuilt, or otherwise made the premises safe and secure. (b) Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the city shall be disbursed in accordance with the policy terms. (c) Upon the transfer of the funds as required by subsection (a) of this section, the insurance company shall provide the city with the name and address of the named insured the total insurance coverage applicable to said building or other structure, and the amount of the final settlement agreed to or arrived at between the insurance company and the insured whereupon the chief building official shall contact the named insured by registered mail, notifying them that the insurance proceeds have been received by the city and apprise them of the procedures to be followed under this Article. "Section 8-502. Fund created; deposit of moneys. The director of finance is hereby directed to create a fund to be known as the "Fire Insurance Proceeds Fund." All moneys received by the city treasurer as provided for by this Article shall be placed in that fund and deposited in an interest-bearing account. "Section 8-503. Building inspector; investigation, removal of structure. (a) Upon receipt of moneys as provided for by this Article, the director of finance shall immediately notify the chief building official of the receipt, and transmit all documentation received from the insurance company to the chief building official. (b) Within twenty (20) days of the receipt of the moneys, the chief building official shall determine, after prior investigation, whether the city shall instigate proceedings under the provisions of K.S.A. 12-1750 et seq., as amended. (c) Prior to the expiration of the twenty (20) days established by subsection (b) of this section, the chief building official shall notify the director of finance whether he or she intends to initiate proceedings under K.S.A. 12-1750 et seq., as amended. (d) If the chief proceedings under shall be initiated, longer than thirty the city treasurer. building official has determined that K.S.A. 12-1750 et seq., as amended, he or she will do so immediately but no (30) days after receipt of the moneys by (e) Upon notification to the director of finance by the chief building official that no proceedings shall be initiated under K.S.A. 12-1750 et seq., as amended, the director of finance shall pay all such moneys received, plus accrued interest, to the insured as identified in the communication from the insurance company. "Section 8-504. Removal of structure. "Section 8-505. Relation to insurance policies. This Article shall not make the city a part to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy. If the chief building official, determines that it is necessary to act under K.S.A. 12-1750 et seq. with regard to a building or other structure damaged by fire or explosion any proceeds received by the city treasurer under the authority of section C -501(a) relating to that building or other structure shall be used to reimburse the city for any expenses incurred by the city in repairing or removing the building or other structure. All moneys in excess of that which is ultimately necessary to comply with the provisions for the repair of the building or structure, less salvage value, if any, shall be paid to the insured. Should the expenses incurred by the city exceed the insurance proceeds paid to the city treasurer under Section 8-501(a) the excess expenses incurred shall be assessed against the property and paid and collected in the manner provided by K.S.A. 12-1755, as amended. "Section 8-505. Relation to insurance policies. This Article shall not make the city a part to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy. 1 1 "Section 8-506. Insurers; liability. Insurers complying with this Article or attempting in good faith to comply with this Article shall he immune from civil or criminal liability and such action shall not be deemed in violation of K.S.A. 40-2404 and any amendments thereto, including withholding payment of any insurance proceeds pursuant to this Article, or releasing or disclosing any information pursuant to this Article. "Section 8-507. Regulations authorized. The city manager is hereby authorized to promulgate any further regulations necessary to implement the provisions of this Article." Section 2. Pursuant to K.S.A. 40-3905 the City Clerk is hereby authorized and directed to send a copy of this ordinance to the Commissioner of Insurance of the State of Kansas within fourteen (14) days after its adoption. Section 3. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: Robert K. Biles, City Clerk Introduced: October 19, 1987 Passed: October 26, 1987 Stephen C. Ryan, Mayor