HomeMy WebLinkAboutOrdinance 2169 N.C.S. 12/15/2003~~~~ ~ ~(~ ` y~to y
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Introduced by
Council Member Torliatt
AN ORDINANCE OF THE COUNCIL OF THE,CITY OF PETALUMA ADDING PETALUMA
MUNICIPAL CODE CHAPTER 1.18, "CLAIMS AGAINST CITY," TO REQUIRE THAT CLAIMS
AGAINST THE CITY BE PRESENTED TO THE CITY PRIOR TO THE INITIATION OF LITIGATION
ORDINANCE NO. 2169 N.C.S.
Seconded by
Council Member Healy
16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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18 Section 1. Chapter 1.18, Claims Against City, is hereby added to Title 1 of the
19 Petaluma Municipal Code as follows:
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21 CHAPTER 1.18
22 CLAIMS AGAINST CITY
23 l .l 8.10 Claims for Money or Damages; Procedure.
24 Any claim against the City for money, damages, or a refund that is excepted by
25 section 905 of the Government Code from the claims presentation requirements
26 of the Tort Claims Act, and which is not governed by other statutes or ordinances
27 expressly relating thereto, shall be governed by this chapter. Such claims shall be
28 filed with the City Clerk not later than one year after the accrual of the cause of
29 action of the underlying claim. Any person pursuing such a claim must file a
30 claim with the City Clerk; and the claim must conform to the requirements of
31 Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and
32 shall be in writing on a form prescribed by the City.
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34 l .l 8.20. Action by City.
35 The City shall process and take action upon a claim submitted pursuant to this
36 Chapter, pursuant to the requirements of Chapters 1 and 2 of Part 3 of Division
37 3.6 of Title 1 of the Government Code of this ordinance, within 45 days of its filing
Ordinance No. 2169 N.C.S. Page 1
1 with the City Clerk. If the City fails to do so, the demand or claim shall be
2 deemed to have been rejected on the last day of the period within which the
3 City was required to act. Action by the City shall otherwise be subject to the
4 provisions of section 912.4 of the Government Code. The City Manager and City
5 Risk Manager is authorized to perform these functions relating to consideration of
6 claims. The City Manager is also authorized to allow, compromise or settle a
7 claim against the City if the amount is $10,000 or less.
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9 1.18.30. Filing of Claim as a Prerequisite to Lawsuit.
10 No lawsuit may be brought against the City on any cause of action for which a
11 claim must be filed under this chapter until the claim has been filed with the City
12 Clerk as required by this chapter and has been acted upon by the City or has
13 been deemed to have been rejected. Any action brought against the City on
14 such a claim shall be subject to the provisions of sections 945.6 and 946 of the
15 Government Code. Only the person who filed the claim may bring such a
16 lawsuit, and if another person should do so judgment shall not be rendered for
17 the plaintiff.
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19 1.18.40 Written Agreements.
20 Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code,
21 commencing with .section 930 of the Government Code, written agreements
22 entered into by or in behalf of the City may provide that all claims arising out of
23 or related to the agreement must be presented not later than six months after
24 the accrual of the cause of action, and that such claims shall be governed by
25 the provisions of this. section.
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27 Section 2. Severability. If any section, subsection, sentence, clause or phrase or word of
28 this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid
29 by a court of competent jurisdiction, such decision shall not affect the validity of the
30 remaining portions of this ordinance. The City Council of the City of Petaluma hereby
31 declares that it would have passed and adopted this ordinance and each and all
Ordinance No. 2169 N.C.S. Page 2
1 provisions thereof irrespective of the fact that any one or more of said provisions be
2 declared unconstitutional, unlawful or otherwise invalid.
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Section 3. Effective Date. This ordinance shall become effective thirty (30) days
after the date of its adoption by the Petaluma City Council.
Section 4. Posting. The City Clerk is hereby directed to post this- ordinance for
the period and in the manner required by the City Charter.
INTRODUCED and ordered posted/wed this 1 S' day of December, 2003.
ADOPTED this 15'h day of December 2003 by the following vote:
AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien,
Moynihan, Torliatt
NOES: None
ABSENT: None
a. ~ _
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David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
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Gayle P' tersen, City Clerk Richard R. Rudnansky,
Ordinance No. 2169 N.C.S. Page 3