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HomeMy WebLinkAbout1993-08-24 - AGENDA REPORTS - CLAIMS ACTIONS ORD NO.93-10 (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT Rem TO De presemea Dennis Luppens August 24, 1993 Ordinance Relative to Claims and Actions by Other Public Entities Ordinance No. 93-10 City Manager Occasionally other public entities file lawsuits against cities. The requirement to file a claim prior to filing a lawsuit seeking damages from a city does not apply to public entities, unless the city has adopted an ordinance requiring a claim to be filed before such a lawsuit can be brought. In a recent case decided in January of this year, the State of California was barred from recovering damages sought against the City of Ontario because the State failed to file a claim against the City and the City had adopted an ordinance requiring pubic entities to file claims in order to pursue a lawsuit against the City. As an additional element of insulation to the City, it would be appropriate for us to adopt an ordinance requiring public entities to file claims as a prerequisite to pursuing a lawsuit for damages against the City. Such an ordinance is attached. RECOMMENDATION That the City introduce and waive further reading of Ordinance 93-10 and pass to second reading. COUNClUent ies.man Attachment '1 "ILl^9 Agr, ,da f tem: —0?4� { THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: = ORDINANCE NO. 93-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING THE SANTA'CLARITA �f MUNICIPAL CODE BY ADDING CHAPTER 2.60 RELATIVE TO CLAIMS AND ACTIONS BY OTHER PUBLIC ENTITIES SECTION 1. The Santa Clarita Municipal Code is hereby amended by adding Chapter 2.60, "Claims & Actions By Other Public I Entities", to read as follows: ;t 2:60.010 Applicability of Chapter. Pursuant to Section 935 of the Government Code, all claims against the City for money, ;-damages, or indemnification by, any public entity which .is `-exempted by Section 905(1) of the Government Code from the , -provisions of"Division 3.6 of the Government Code (Section 810 et including but not limited to Chapter 1 p (commencing with: Section 900) and Chapter 2 (commencing with-Section,910),•and is governed by any other statutes or. regulations expressly - "relating thereto shall be governed'by the.-' ,proceduie prescribed in this -Chapter. r, 2.60..020;' Presentation of Claim as -Prerequisite to Suit. No suit r' z=;for money, damages, or indemnification may be brought against the City,by.any public entity described in Section 2.60.010 until a written claim therefor has-been presented and acted upon, or has >',been deemed to have been rejected, in accordance with this <;Chapter .and Sections 945.4, 945.6, and 946 of the Government- Code. 2.60.030 Time Limitation. Any claim specified in Section 2:60.020 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 or partial 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 equitabla,indemnity or partial equitable indemnity against the 60-.040 Late Filing. In accordance with Section 935 of the Government Code, the late filing of claims pursuant to this Chapter is regulated by Sections 911.4 and 911.6 through 912.2, v x 4inclusive, of the Government Code. •2.60.05D Presentation and Contents. A signed, writtenclaim shall be presented to the City by mailing or delivering it to the City Clerk. The claim shall conform -to the requirements of Section 910 of the Government Code or to a.form provided.by the City, if such form is provided. % 2.60.060 Procedures for Consideration. Unless otherwise provided in this Chapter, the procedure for consideration and action upon all claims filed pursuant to this Chapter shall be the same as the procedure provided and required by Sections 910. through 915.4, inclusive, of the Government Code, except Section 911.2. In accordance with Section 935 of the Government Code, the consideration and action upon claims presented pursuant to Section 2.30.040 of this Chapter shall be the same as the procedure provided and required by Section 946.6 of the Government Code. SECTION 2. If any.section,.sentence, clause, phrase, part or portion of this -Ordinance is for any reason held to be invalid or.unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, sentence,clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts or portions be declared invalid.or unconstitutional. © SECTION 3. The Mayor shall sign this Ordinance, and the City Clerk shall attest and certify to the passing and adoption of this Ordinance and shall causethesame to be published as required by law. PASSED AND APPROVED this day of 1993. ATTEST: CITY CLERK Al CITY OF SANTA CLARITA MAYOR