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<baltimore-city-law heading="Subtitle 10 – Property Insurance">
  <section prefix="§" num="10-1" heading="Insurance claims.">
    <para num="(a)" heading="Comptroller to negotiate.">The Comptroller shall represent the City in the negotiation of all claims against any insurance company from which insurance has been purchased covering loss or damage to City-owned property, and he is authorized to approve all settlements with the insurance company.</para>
    <para num="(b)" heading="Referral to City Solicitor.">If the Comptroller and the insurance company, during the course of their negotiations are unable to agree upon an equitable settlement, the Comptroller shall request the City Solicitor to press the City’s claim and assure that the City’s interest is protected.</para>
    <para num="(c)" heading="Use of proceeds.">
      <para num="(1)">All money that may be awarded to the City by reason of loss from damage or destruction covered by City-purchased insurance shall be paid to the Mayor and City Council of Baltimore, and the appropriate agency shall be credited with these funds.</para>
      <para num="(2)">Repairs or replacement of the property suffering damage shall be made, subject to the approval of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, by either City employees or under contract.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1879, art. 11, §6</annotation>
    <annotation type="Prior Codifications">1893, art. 11, §6</annotation>
    <annotation type="Prior Codifications">1927, art. 8, §6</annotation>
    <annotation type="Prior Codifications">1950, art. 6, §3</annotation>
    <annotation type="Prior Codifications">1966, art. 5, §3</annotation>
    <annotation type="Prior Codifications">1976/83, art. 5, §3</annotation>
    <annotation type="History">Ord. 66-793</annotation>
    <annotation type="History">Ord. 76-018</annotation>
    <annotation type="History">Ord. 15-435</annotation>
  </section>
  <section prefix="§" num="10-2" heading="Purchase of insurance.">
    <para num="(a)" heading="Principal coverage.">The Comptroller shall purchase insurance, subject to the approval of the Board of Estimates, to protect adequately the Mayor and City Council of Baltimore against any risk or risks of an insurable nature which may reasonably be expected to result in financial loss in excess of $200,000 in any 1 occurrence or in excess of an aggregate of $2,000,000 in any 1 fiscal year.</para>
    <para num="(b)" heading="Lesser coverage.">The Comptroller may purchase insurance to protect against lesser amounts of potential loss if in his opinion the protection or the services obtained through the purchase of the insurance justify its cost.</para>
    <annotation type="Prior Codifications">City Code, 1879, art. 11, §7</annotation>
    <annotation type="Prior Codifications">1893, art. 11, §7</annotation>
    <annotation type="Prior Codifications">1927, art. 8, §§7, 8</annotation>
    <annotation type="Prior Codifications">1950, art. 6, §4</annotation>
    <annotation type="Prior Codifications">1966, art. 5, §4</annotation>
    <annotation type="Prior Codifications">1976/83, art. 5, §4</annotation>
    <annotation type="History">Ord. 46-336</annotation>
    <annotation type="History">Ord. 66-793</annotation>
  </section>
  <section prefix="§" num="10-3" heading="City Property Insurance Fund — uses; appropriations.">
    <para num="(a)" heading="Uses of Fund.">
      <para num="(1)">The “City Property Insurance Fund” created by Ordinance 408 (1913-14) shall be used to defray the cost of repair or replacement of any real or personal property owned by or in the custody of the Mayor and City Council of Baltimore.</para>
      <para num="(2)">The Comptroller may determine the property and perils to be covered by this Fund and promulgate rules and regulations governing payments from this Fund.  Such rules and regulations shall be in accord with the provisions of &lt;cite data-path="|5|§10-5"&gt;§ 10-5 of this subtitle&lt;/cite&gt;, but may amplify and extend the basic principles as set forth in that section.</para>
    </para>
    <para num="(b)" heading="Annual appropriations.">
      <para num="(1)">There shall be appropriated annually to this Fund a sum equal to estimated losses payable from the Fund during the next fiscal year, but not less than the average aggregate annual losses paid from this Fund during the latest 5-year period, and in any event not less than $100,000, this sum to be provided for annually in the annual Ordinance of Estimates for each year.</para>
      <para num="(2)">The appropriation shall continue until the accumulations and earnings therefrom, less expenditures or disbursements therefrom as may be made as hereinafter provided, amount to $2,700,000, at which time the appropriations and further addition of earnings of the Fund shall cease; and appropriations and the further addition of earnings shall begin again and continue to be made as herein provided if the Fund becomes depleted below this amount.</para>
      <para num="(3)">Whenever the amount in the Fund exceeds this $2,700,000 maximum, the excess shall be promptly transferred to the General Funds of the City.</para>
      <para num="(4)">The appropriations as made shall be paid by the Comptroller to the Board of Finance, to be held and invested by the Board of Finance as hereinafter directed.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1927, art. 8, §10</annotation>
    <annotation type="Prior Codifications">1950, art. 6, §5</annotation>
    <annotation type="Prior Codifications">1966, art. 5, §5</annotation>
    <annotation type="Prior Codifications">1976/83, art. 5, §5</annotation>
    <annotation type="History">Ord. 14-408</annotation>
    <annotation type="History">Ord. 66-793</annotation>
    <annotation type="History">Ord. 83-1037</annotation>
  </section>
  <section prefix="§" num="10-4" heading="City Property Insurance Fund — investments.">
    <text>The Board of Finance is hereby authorized and directed to:</text>
    <para num="(1)">receive the money directed to be paid to it by the Comptroller, to hold and invest the same as other moneys in its charge and keeping are held and invested;</para>
    <para num="(2)">retain the same as a permanent fund subject to be used only for the repair, rebuilding, or replacement of property owned by or in the custody of the City which may be lost, damaged, or destroyed by a peril intended to be covered by such fund in accordance with rules and regulations promulgated by the Comptroller;</para>
    <para num="(3)">keep a separate account of said fund, together with the earnings thereof as the “City Property Insurance Fund” of the Mayor and City Council of Baltimore; and</para>
    <para num="(4)">submit annually on July 1 of each and every year to the Comptroller, a statement, in writing, showing the state and amount of said fund.</para>
    <annotation type="Prior Codifications">City Code 1927, art. 8, §11</annotation>
    <annotation type="Prior Codifications">1950, art. 6</annotation>
    <annotation type="Prior Codifications">§6, 1966, art. 5, §6</annotation>
    <annotation type="Prior Codifications">1976/83, art. 5, §6</annotation>
    <annotation type="History">Ord. 14-408</annotation>
    <annotation type="History">Ord. 66-793</annotation>
  </section>
  <section prefix="§" num="10-5" heading="Restoration of damaged property.">
    <para num="(a)" heading="Estimate to be obtained.">In the event of the loss, damage, or destruction of property owned by or in the custody of the Mayor and City Council of Baltimore, the department, sub-department, municipal official, special commission, or board subjected to loss shall promptly notify the Comptroller and the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, to obtain an estimate of the cost of repair, rebuilding, or replacement from the latter.</para>
    <para num="(b)" heading="Estimated loss not more than $200,000.">
      <para num="(1)">If the loss is estimated to be not more than $200,000, the agency, subject to the approval of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, either shall arrange for repairs by its own maintenance force or shall proceed in the usual manner to effect the awarding of a contract for the work.</para>
      <para num="(2)">Upon completion and the consequent knowledge of the actual cost of the restoration, the agency shall apply to the Comptroller for reimbursement from the Self-Insurance Fund.  Upon approval by the Comptroller, a request for the transfer of the actual cost of the work performed from the Self-Insurance Fund to the appropriate account of the affected agency shall be made to the Director of Finance.</para>
      <para num="(3)">The first $1,000 of each loss shall be borne by the agency suffering the loss, and the agency shall be reimbursed for the total amount of loss in excess of this sum.</para>
    </para>
    <para num="(c)" heading="Estimated loss more than $200,000.">If at the time of the estimate of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, it is reasonably expected that the loss may be in excess of $200,000, a copy of the estimate shall be transmitted immediately to the Comptroller to enable him or her to negotiate with the insurance carrier.</para>
    <annotation type="Prior Codifications">City Code, 1927, art. 8, §13</annotation>
    <annotation type="Prior Codifications">1950, art. 6, §7</annotation>
    <annotation type="Prior Codifications">1966, art. 5, §7</annotation>
    <annotation type="Prior Codifications">1976/83, art. 5, §7</annotation>
    <annotation type="History">Ord. 14-408</annotation>
    <annotation type="History">Ord. 66-793</annotation>
    <annotation type="History">Ord. 76-018</annotation>
    <annotation type="History">Ord. 15-435</annotation>
  </section>
</baltimore-city-law>
