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HomeMy WebLinkAboutOrd 16571 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. 1657 ORDINANCE OF THE CITY OF BURLINGAME AMENDING THE MUNICIPAL CODE TO CONFORM CLAIM REQUIREMENTS TO GOVERNMENT CODE SECTION 935 AND MUNICIPAL CODE SECTION 4.15.010 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section L 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. However, other provisions may cause confusion and those provisions should be amended to conform to Chapter 4.15. Section 2. Section 4.09.120(a) is amended to read as follows: (a) Whenever the amount of any tax, interest or penalty has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the city council within the time period set forth in chapter 4.15. Accrual of the cause of action shall be the date upon which payment of the tax was actually made or the date the tax was due, whichever was earlier. 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 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 for money or damages may be brought against the city until a writt en claim 1 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 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. (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 4. Section 6.04.150 is amended to read as follows: 6.04.150 Refunds. No refunds will be made on any amount paid as a license tax except incase of an error on the part of the city in the determination of the amount of the license tax, in the event of double payment for a license, or in case of an illegally collected license tax. Claims for such refunds must be made pursuant to and within the time requirements of chapter 4.15. Accrual of the cause of action shall be the date of payment for the license or the date the license payment was due, whichever is earlier. Section 5. This ordinance shall be published as required by law. �-e �— '..,--Ma or I, ANN T. MUSSO, 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 18thday of June, 2001, and adopted thereafter at a regular meeting of the City Council held on the 2ndday of July , 2001, by the following vote: AYES: COUNCILMEMBERS: COFFEY, GALLIGAN„JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerk 2