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 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.

(Code 1994; Ord. 486; Code 2003; Code 2015; Code 2024)

The governing body of the city hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the city were the amount recoverable for all 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(s) covering such building or other insured structure. The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

(Code 1994; Ord. 486; Code 2003; Code 2015; Code 2024)

Prior to final settlement on any claim covered by Section 8-902, the insurer or insurers shall contact the County Treasurer, Cheyenne County, Kansas, to determine whether any such encumbrances are presently in existence. If the same are found to exist, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the County Treasurer, Cheyenne County, Kansas.

(Code 1994; Ord. 486; Code 2003; Code 2015)

Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the building or other structure.

(Code 1994; Ord. 486; Code 2003; Code 2015)

(a)   When final settlement on a covered claim has been agreed to or arrived at between the named insured or insureds and the company or companies, and the 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 the first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsement thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the City Treasurer in an amount equal to the. sum of fifteen (15%) percent of the covered claim payment unless the City Superintendent of the city has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as associated debris, or repaired, 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), the insurance company shall provide the city with the name and address of the named insured or insureds, 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 or companies and the insured or insureds, whereupon the City Superintendent shall contact the named insured or insureds by registered mail, notifying them that said insurance proceeds have been received by the city and apprise them of the procedures to be following under this article.

(Code 1994; Ord. 486; Code 2003; Code 2015)

The City Treasurer is hereby authorized and shall create a fund to be known as the “Insurance Proceeds Fund.” All money received by the City Treasurer as provided for by this article shall be placed in said fund and deposited in an interest-bearing account.

(Code 1994; Ord. 486; Code 2003; Code 2015)

Upon receipt of moneys as provided for by this article, the City Treasurer shall immediately notify the City Superintendent of said receipt, and transmit all documentation received from the insurance company or companies to the City Superintendent.

(b)   Within thirty (30) days of the receipt of said moneys, the City Superintendent 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 thirty (30) days established by subsection (b) of this section, the City Superintendent shall notify the City Treasurer whether he/she intends to initiate proceedings under K.S.A. 12-1750 et seq., as amended.

(d)   If the City Superintendent has determined that proceedings under K.S.A. 12-1750 et seq., as amended, shall be initiated, he or she will do so immediately but no later than forty-five (45) days after receipt of the moneys by the City Treasurer.

(e)   Upon notification to the City Treasurer by the City Superintendent that no proceedings shall be initiated under K.S.A. 12-1750 et seq., as amended, the City Treasurer shall return all such moneys received, plus accrued interest, to the insured or insureds as identified in the communication from the insurance company or companies. Such return shall be accomplished within forty-five (45) days of the receipt of the moneys from the insurance company or companies.

(Code 1994; Ord. 486; Code 2003; Code 2015; Code 2024)

If the City Superintendent has proceeded under the provisions of K.S.A. 12-1750 et seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions for the removal of the building or structure, less salvage value, if any, shall be paid to the insured.

(Code 1994; Ord. 486; Code 2003; Code 2015)

If the City Superintendent, with regard to a building or structure damaged determines that it is necessary to act under K.S.A. 12-1756, any proceeds received by the City Treasurer under the authority of Section 8-905(a) relating to that building or other structure shall be used to reimburse the city for any expenses incurred by the city in proceeding under K.S.A. 12-1756. Upon reimbursement from the insurance proceeds, the City Superintendent shall immediately effect the release of the lien resulting therefrom. Should the expenses incurred by the city exceed the insurance proceeds paid over the City Treasurer under Section 8-905(a), the City Superintendent shall publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to such excess expenses incurred.

(Code 1994; Ord. 486; Code 2003; Code 2015; Code 2024)

This article shall not make the city a party 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.

(Code 1994; Ord. 486; Code 2003; Code 2015)

Insurers complying with this article or attempting in good faith to comply with this article shall be immune from civil and 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.

(Code 1994; Ord. 486; Code 2003; Code 2015)