9919-09 Amending Chapter 2, Article 14 - to add a new section 2-170.13 establishing a take home vehicle fund

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r SUBSTITUTE BILL NO. #28-09 ORDINANCE NO. ~ ~ ~ ~ ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ADD A NEW SECTION 2-170.13 ESTABLISHING A TAKE HOME VEHICLE FUND # 278 AND TRANSFERRING MONIES FROM LIABILITY INSURANCE FUND (#226) TO THE NEW FUND (#278) STATEMENT OF PURPOSE AND INTENT The City of South Bend has implemented a South Bend Police Department Take Home Vehicle Program which provides a form of indemnity arising out of use oftake-home vehicles by police officers. Officers participating in the program pay for the cost of this insurance through monthly payroll deduction. They then receive the benefit of City defense and coverage of personal injury and property damage claim costs arising from off-duty use of City owned vehicles subject to certain conditions and limitations specified in the Program policy. The City believes it is appropriate to segregate the funds paid by officers for this off-duty vehicle use protection from the City's general self-insurance fund (Liability Insurance Fund #226). This ordinance creates a separate Fund for that purpose which is codified at Chapter 2, Article 14, Section 2-170.13 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Chapter 2, Article 14 of the South Bend Municipal Code shall be amended to add a new Section 170.13 which shall read in its entirety as follows: Sec. 170.13. Take Home Vehicle Fund (a) The. Police Take Home Vehicle Fund (#278) is established within the City of South Bend to receive monies collected from South Bend Police Department officers participating in the City's Take Home Vehicle Program. (b) The City shall use all monies deposited into this Fund to pay the costs and expenses associated with claims arising from use of Program vehicles occurring while officers are not on duty. (c) If the Police Take Home Vehicle Program should cease to exist, then all monies in this Police Take Home Vehicle Fund shall remain within this Fund for a period of at least two years following the program cessation, to be used for Fund purposes, at which time the Fund can be closed. Any monies remaining in the Fund upon closure shall be used only for general public safety purposes.