HomeMy WebLinkAbout2007-01-16 Ordinance 4930follows:
ORDINANCE NO. 4930
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTION 2.28.230 OF CHAPTER 2.28
(FISCAL PROCEDURES) OF THE PALO ALTO MUNICIPAL
CODE REGARDING CLAIMS AGAINST THE CITY
The Council of the City of Palo Alto does ORDAIN as
Whereas Section 935 of the California Government Code
authorizes local entities to adopt policies and procedures,
including but not limited to time limits, for processing certain
types of claims against the City;
Section 1. Code Amendment. Section 2.28.230 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"Section 2.28.230 -Claims
(a) Authority
This ordinance is enacted pursuant to Section 935 of the
California Government Code.
(b) Claims Required
All claims against the city for money or damages not
otherwise governed by the Government Claims Act, California
Government Code Sections 900 et seq., or another state law
(hereinafter in this ordinance, "claims") shall be presented
within one year, and in the manner, prescribed by Part 3 of
Division 3.6 of Title 1 of the California Government Code
(commencing with Section 900 thereof) for the claims to which
that part applies by its own terms, as those provisions now
exist or shall hereafter be amended, and as further provided by
this chapter.
(c) Form of Claim
All claims shall be made in writing and verified by the
claimant or by his or her guardian, conservator, executor or
administrator. No claim may be filed on behalf of a class of
persons unless verified by every member of that class as
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required by this section. In addition, all claims shall contain
the information required by California Government Code Section
910.
(d) Claim Prerequisite to Suit
In accordance with California Government Code Sections
935(b) and 945.6, all claims shall be presented as provided in
this section and acted upon by the City prior to the filing of
any action on such claims and no such action may be maintained
by a person who has not complied with the requirements of
subdivision (b) of this section.
(e) Suit
Any action brought against the city upon any claim or
demand shall conform to the requirements of Sections 940-949 of
the California Government Code. Any action brought against any
employee of the city shall conform with the requirements of
Section 950-951 of the California Government Code.
Section 2. Severability. Should any provision of this
ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the
application of this ordinance to any other person or
circumstance and, to that end, the provisions hereof are
severable.
Section 3. Effective Date; Impact on Current Lawsuits
and . Claims. This ordinance shall take effect on the thirty-
first day after its passage and adoption as provided by
Government Code Section 36937. However, any claim that would
have been timely if presented on the day before this ordinance
becomes effective which claim would be untimely under the
requirements of the this ordinance may, notwithstanding this
ordinance, be presented not later than the 45th day after the
adoption of this ordinance. However, this ordinance shall have
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no impact on existing lawsuits to which the City is a party, nor
will this ordinance have an impact on existing claims pending
against the City.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED AS TO FORM:
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December 18, 2006
January 16, 2007
BARTON, BEECHAM, CORDELL, DREKMEIER,
KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR
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APPROVED:
Director of Hum n Resources
Director
Services