HomeMy WebLinkAboutORD-02-03 Amend Ch 3.16- Filing Claims Against the CityORDINANCE NO. 2-
03 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 3.16
OF THE ORANGE MUNICIPAL CODE RELATING
TO FILING CLAIMS AGAINST THE
CITY.WHEREAS, the City is authorized to set forth a procedure for the filing of
claims for money or damages against the City, and any other entities governed by the
City Council, by Government Code Section 935;
and WHEREAS, claims filing requirements are important to ensure that the City
is apprised of potential claims as soon as practical in order to permit the City, and any
other entities governed by the City Council, to investigate such claims in a timely manner,
to avoid unnecessary lawsuits, to avoid needless liability and to settle meritorious
claims without going through
trial.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DO]~S ORDAIN AS
FOLLOWS:SECTION
I:Section 3.16.010 of the Orange Municipal Code is deleted in its entirety
and replaced with the
following:To the extent authorized by Government Code Section 935 and
any other laws, any and all claims against the City and any public entity
for which the city council is the governing body, for money or
damages,including claims otherwise excepted from the claims
filing requirement by Government Code Section 905, shall be subject to
and presented within the time and manner prescribed in Part 3 of
Division 3.6 of Title 1 of the Government Code and as further provided by
this
chapter.SECTION
II:Section 3.16.020 of the Orange Municipal Code is deleted in its entirety
and replaced with the
following:No suit or other action for money or damages which requires a
claim by this chapter may be brought against the City and any public
entity for which the city council is the governing body, until a written
claim has been filed and acted upon in conformity with Sections945.4
and 945.6 of the Government Code. No claim may be filed on behalf of
a class of persons unless verified by every member of that class
as required by this
SECTION III:
Section 3.16.050 of the Orange Municipal Code is deleted in its entirety and
replac1ed with the following:
A
signed, written claim shall be presented to the City of Orange and any
public entity for which the city council is the governing body, by mailing
or delivering it to the City Clerk by the claimant or by person acting
on his or her behalf. The claims shall conform to the requirements
of Section 910 of the California Government Code or of a
form provided by the City, if such form is provided.SECTION
IV:A
summary of this Ordinance shall be published and a certified copy ofthe full text of
this. Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage
in a newspaper of general circulation, published, and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified copy of the full text
of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933.This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.ADOPTED
this 11th day of February, 2003 ATTEST:
to,
r-
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hen::by certify that the foregoing Ordinance was introduced at the regular meeting of the
City Council held on the 28th day of January, 2003, and thereafter at the regular meeting of
said City Council duly held on the 11 th day of February, 2003, was duly passed and adopted
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: AMBRIZ, ALVAREZ, MURPHY, COONTZ, CAVECCHE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
U'.c~A'~(k~~ .,
Cassandra J. Cath ; CIty Clerk, CIty of Orange