HomeMy WebLinkAbout464ORDINANCE NO. 464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE AMENDING CHAPTER 3.40 OF TITLE 3
OF THE IRWINDALE MUNICIPAL CODE AND ESTABLISHING
CLAIMS PROCEDURES FOR MONEY AND DAMAGES.
The City Council of the City of Irwindale does ordain
as follows:
section 1. Sections 3.40.030 and 3.40.040 of the
Irwindale Municipal Code, are hereby repealed.
Section 2. A new Section 3.40.030 is hereby added to
Chapter 3.40 of the Irwindale Municipal Code to read, in words
and figures, as follows:
"3.40.030 Procedures for claims and actions for
money and damages arising out of tort and not based upon
contract.
"A. Applicability of section. Pursuant to Section
935 of the Government Code, all claims against the City
of Irwindale for money or damages which are excepted by
Section 905 of the Government Code from the provisions
of Division 3.6 of the Government Code (Section 810, et
seq.), and which are not governed by any other statutes
or regulations expressly relating thereto, shall be
governed by the procedure prescribed in this section.
"B. Suits for money or damages - Claim
prerequisites. No suit for money or damages may be
brought against the City on a cause of action for which
this section requires a claim to be presented until a
written claim therefor has been filed and acted upon in
conformity with this section and Sections 945.4 and
945.6 of the Government Code.
"C. Claims - Time limitation. A claim for any
cause of action specified in Subsection A of this
section shall be presented in the manner provided in
Subsection E not later than one year after the accrual
of the cause of action; except that a claim by the state
or by a state department or agency or by another local
public entity on a cause of action for death or for
injury to person or to personal property or growing
1
crops, or on a cause of action for equitable indemnity
or partial equitable indemnity, shall be presented not
later than six months after the accrual of the cause of
action.
"D. Claims - Late filing. In accordance with
Section 935 of the Government Code, the late filing of
claims pursuant to this section is regulated by Sections
911.4 to 912.2, inclusive, of the Government Code.
"E. Claims - Presentation and contents. A signed,
written claim shall be presented to the City of
Irwindale by mailing or delivering it to the City Clerk
by the claimant or by a person acting on his or her
behalf. The claim shall conform to the requirements of
Section 910 of the Government Code.
"F. Claims - Utilization of statutory procedures
for consideration and action on claims. Unless
otherwise provided in this section, the procedure for
consideration and action upon all claims filed pursuant
to this section shall be governed by and be the same as
the procedure provided and required by Sections 910.2
through 915.2 of the Government Code."
BeCtion 3. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is for any reason
deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this Ordinance.
The City Council of the City of Irwindale hereby declares that it
would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or other portions might subsequently be
declared invalid or unconstitutional.
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ADOPTED this 11th day of March , 1993.
I, DAVID A. CARETTO, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Irwindale held on the 25th day of February , 1993,
and was finally passed at a regular meeting of the City Council
of the City of Irwindale on the 11th day of
1993, by the following vote:
March
AYES: Miranda, J., Miranda, P., Breceda, Barbosa and Diaz
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
City Clerk of the i,y o
Irwindale
L\10W0RDCLAIM\I 1.3 3