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HomeMy WebLinkAboutOrd 18091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE No. 1809 ORDINANCE OF THE CITY OF 13RLINGAIVIE AMENDING SECTION 4.15.010 OF THE MUNICIPAL CODE TO CLARIFY CLAIM REQUIREMENTS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Government Code section 935 provides that the City may adopt claim filing requirements for claims that are exempt from the California Tort Claims Act. The City has done so in Municipal Code section 4.15.010. This ordinance is intended to clarify the standard form and prerequisites for these claims. Section 3. Section 4.15,010 is amended to read as follows: 4.15.010 Claims for money or damages. (a) Claims against the city, its officers or employees for money or damages which are exempted by Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as the provisions are not in conflict with this section. (b) No suit form or damages may be brought or maintained against the city, its officers or employees until a written claim therefor has been presented to the city council and has been acted upon or has been deemed to have been rejected by the city in accordance with this section. The time within which the city will act on the claim presented will conform to the time requirements set forth in section 912.4 of the Government Code. All claims shall be verified by the claimant or by his or her guardian, conservator, executor, or administrator. No claim maybe filed on behalf of a class of persons unless verified by every member of that class as required by th13 section. In addition, all claims 3 hall contain the information required by California 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Government Code section 910. (c) Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide all claims arising out of or related to the agreement must be presented not later than six (6) months after the accrual of the cause of action, and such claims shall be governed by the provisions of this section. Section 3. This ordinance shall be published as required by law. M yor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 21" day of May, 2007, and adopted thereafter at a regular meeting of the City Council held on the 4" day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:NQNE U:\FILES\ORD(NANC\cl ai msrregs2007.fin.wpd 2