HomeMy WebLinkAbout09 CLAIMS PROCEDURES 03-07-94 -- NO. 9
3-7 -94
DATE: M.~.W.~ ~, ~,,~ I n t e r ~ l,~~~_..
TO:
HONORABLE M~YOR ~ CZTY COUNCILHEN.BERB
FROM:
CITY ATTORNEY
SUBJECT: =.T.,x;~ ~snOCEI:)O3~.EO
llll I._ ' --~ - ~1 I IIII I
RECOMMENDATION:
Adoption of Resolution Number 94-33.
.FISCAL I~PACT:
None
BACKGROUND:
At the request of the Orange County Cities Risk Management
Association and with the approval of the City Attorney, it is
requested thatthe City Council adopt the attached Resolution which
may under certain limited circumstances provide the City with some
addi~ional protection against claims and demands upon the City
where claimants and/or claimant's attorneys have failed to properly
comply with applicable statutory claims procedures and/or state
codes con=ain exceptions which could 'be construed to waive the
requirement of claim filing under certain =ircumstanoe~.
JO J~:jab: B.t ,* 034JI94(TC-$98 ~jab)
Enclosure
cc: Wi11-~am Hu-~ton
Ronald Nault
City Attorney
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RESOLUTION NO. 94-33
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUBTIN~ CALIFORNIA, EST/tBLISNIN~
CLAIMS PROCEDURES
The city Council of the city of Tustin hereby resolve as
follows:
WHEREAS, the Government Tort Claims Act, codified at
California Government Code Sections 810 et se~.. generally
requires any party with a claim for money or damages against
a public entity to file a written claim directly with the
entity, to await the public entity,$ action or ina~tion on th~
claim before proceeding to litigation, and to file a court
action within certain specified times; and
WHEREAS, Section 905 of the Government Code creates a
number of exemptions from the filing requirements of the Tort
claims Act; and
WHEREAS, Section 935 of the Governmemt Cod~ ~peoifically
empowers local public entities to establish their own policies
and procedure~ for the presentment of claims against 2hem
which are otherwise eMoep~ed unde= S~¢~ion 905 of the
Government Code, so long as such policies and procedures are
similar to, and not more restrictive than, those established
by the Tort Claim~ A=t~ and
WHEREAS, the City of T~stin is a #local public entity#
within the meaning of the Tort Claims Act, and desires to
establish procedures for the presentment of claims under the
authority ~ranted local publlo ~n~i~ie~ in Section 935 of the
Government Code~
NOW, THEREFORE, BE IT RESOLVED, by =he Ci:y council of
City of Tustin, that pursuant to the authority contained in
Section 935 of the California Government Code, the following
claims procedures are hereby e~tablished for those claims
against the City of Tustin for money or damages not now
governed by State or local law~:
1. Necessi%y_..of claim. Notwithstanding any exceptions
contained in section 905 of the Government Code, no action
based on a claim or demand for money or damages shall be
brought against the City of Tustin, or any of the members of
the City Council of the city of Tustin or its officers,
employees, or agents, unless and until after presented to, and
acted upon by City as provided herein.
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Resolution No. 94-33
Page 2
2. Present~e.nt of Claim. All claim~ =hall bep~e=ented
within the 2ime limitations and in the manner pre~cribed by
Section 910TJ~rough 915.2 of the Government Code. Such claims
shall further beguBject to the provisions of Section 94~.4 Of
the Government Code relating to the prohibition of suits in
the absence of presentation of claim~ and action thereon by
PASSED AND ADOPTED, at a regular meetin~ of
council for the City of Tustin on this day of
ATTEST;
MA~Y E. W~NN, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tus21n, California, does hereby cer~l£y
that the whole number of the members of the City Council of
the City of Tust[n ~s five; that the above and foregoing
~olution was pa~ed and ~dop=ed a~ a regular meeting of the
City Council held on the day of ..... , 19__,
by the following vote: --
COUNCILPERSONS AYES:
COUNCILPERSONS NOES~
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
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