HomeMy WebLinkAboutOrdinances_2603_CCv0001.pdf ORDINANCE NO. 2603
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 3.09 OF THE
REDLANDS MUNICIPAL. CODE RELATING TO LOCAL GOVERNMENT CLAIMS
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
"Section 1. Chapter 3.09 is hereby added to the Redlands Municipal Code to read
as foNows:
"CHAPTER 3.09
LOCAL GOVERNMENT CLAIMS
3.09.010 Authority.
3.09.020 Claims Presentation - Prerequisite for Bringing Suit
3.09.030 Claims Presentation -- Statutory Authority
3.09.040 Statute of Limitations
3.09.050 Suits Prohibited Where Full Payment or Compromise Effected
3.09.060 Time Limitations
3.09.070 Late Filing
3.09.080 Disposition of Claims
3.09.090 Authority to Compromise Pending Claims
3.09.100 Suit.
3.09.010 Authority. The Chapter is enacted pursuant to Section 935 of the
California Government Code.
3.09.020 Claims Presentation- Prere uisite for Bringinguit.SNo suit for money
or damages may be brought against the City until a written claim therefore has been
presented to, and rejected by, the City in conformity with the provisions of general State
law relating to claims against public entities and this Chapter. Pursuant to the authority of
Government Code section 935, all claims against the City shall be subject to this
requirement, including those claims otherwise exempt from claim filing requirements under
Government Code section 905, except where the claims are governed by other statutes or
regulations relating expressly thereto.
3.09.030 Claims Presentation --Statuto Authorit . Those claims governed by
Section 3.09.020 of this Chapter shall be filed with the City Clerk in accordance with, and in
the manner provided for, in Part 3 (commencing with § 900)of Division 3.6 of Title 1 of the
Government Code.
A. A claim shall be presented in writing on a form authorized and provided by
the City. No other claim form will be accepted by the City.
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B. The City's Finance Director("Finance Director,"for purposes of this Chapter,
shall mean the Finance Director or his or her designee) with the concurrence of the City
Attorney, is authorized to extend, by agreement with the claimant, the time within which a
claim may be considered for purposes of payment or compromise.
3.09.040 Statute of Limitations. Any suit brought against the City for which a
claim is required to be presented in accordance with Section 3.09.020 of this Chapter must
be commenced within the period prescribed by Government Code section 945.6.
3.09.050 Suits Prohibited Where Full Payment or Com romise Effected. Where
a claim that is required to be presented to the City in accordance with this Chapter is so
presented and action thereon is taken:
A If the claim is allowable in full and the claimant accepts the amount allowed,
no suit may be maintained on any part of the cause of action to which the claim relates;
B. If the claim is allowed in part and the claimant accepts the amount allowed,
no suit may be maintained on that part of the cause of action which is represented by the
allowed portion of the claim; and
C. if the claim is allowed in part and the claimant accepts the amount allowed,
no suit may be maintained on any portion of the cause of action where, pursuant to
requirement of such effect, the claimant has accepted the amount allowed in settlement of
the entire claim.
3.09.060 Time Limitations. Claims shall be presented in accordance with the
time limitations set forth in Government Code section 911.2. In addition, pursuant to
Government Code section 901, any claim against the City for equitable indemnity shall be
presented not later than six (6) months after the date upon which a defendant is served
with the complaint giving rise to the defendant's claim for a cause of action for equitable
indemnity or partial equitable indemnity against the City.
3.09.070 Late Filing. In accordance with Government Code section 935, the
late filing of a claim pursuant to this Chapter is governed by Section 911.4, and Sections
911.6 through 912.2 inclusive, of the Government Code.
3.09.080 Dis osition of Claims.
A. All claims, regardless of how presented, shall be forwarded to the City's
Finance Director for review. The Finance Director, upon receipt of a claim, may request an
investigation by the City department which has jurisdiction over the matter or property
giving rise to the claim. The appropriate department shall submit a report with respect to
the circumstances of the claim and its recommendation thereon within twenty(20)days to
the City Attorney. The City Attorney shall review the claim and determine whether the
claim substantially complies with Government Code sections 910 and 910.2, and then
make recommendation on the claim and the department's report to the Finance Director.
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B. Pursuant to Government Code section 935.4, the City Council hereby
authorizes the Finance Director and the City Attorney to reject any and all claims filed with
the City. The Finance Director, with the concurrence of the City Manager, shall have the
discretion to take any claim to the City Council for action.
3.09.090 Authority to Compromise Pending Actions. Pursuant to Government
Code section 949, the City Council may compromise, or may delegate the authority to the
City Attorney or the Finance Director to compromise, any pending claim as follows:
Finance Director: $5,Q00
Finance Director with concurrence of City Manager and
City Attorney: $7,500
3.09.100 Suit. Any action brought against the City upon any claim or demand
shall conform to the requirements of Sections 940 through 949 of the Government Code.
Any action brought against any employee of the City shall conform with the requirements of
Section 950 through 951 of the Government Code."
Section 2. if any section, subsection, clause or phrase in this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of this ordinance. The City Council hereby declares that it would have adopted
this ordinance and any section, subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared unconstitutional.
Sect The Mayor shall sign this ordinance and the City Clerk shall certify to
the adoption of this ordinance and shall cause it, or a summary of it, to be published once
in the Redlands Daily Facts, a newspaper of general circulation within the City, and
thereafter this ordinance shall take effect as provided by law.
usa Peppler, Mayor
Attest:
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I Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the
19th day of April, 2005, by the following vote:
AYES: Councilmembers Gilbreath, George, Harrison; Mayor Peppler
NOES: None
ABSENT: Councilmember Gil
ABSTAIN: None
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