HomeMy WebLinkAboutCC RES 94-33 1
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RESOLUTION NO. 94-33
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ESTABLISHING
CLAIMS PROCEDURES
The City Council of the city of Tustin hereby resolve as
follows:
~EREAS, the Government Tort Claims Act, codified at
California Government Code Sections 810 et seq., 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 inaction on the
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 Government Code specifically
empowers local public entities to establish their own policies
and procedures for the presentment of claims against them
which are otherwise excepted under Section 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 Claims Act; and
~EREAS, the City of Tustin 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 granted local public entities in Section 935 of the
Government Code;
NOW, THEREFORE, BE IT RESOLVED, by the City 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 established for those claims
against the City of Tustin for money or damages not now
governed by State or local laws:
1. Necessity 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. Presentment of Claim. All claims shall be presented
within the time limitations and in the manner prescribed by
Section 910 through 915.2 of the Government Code. Such claims
shall further be subject to the provisions of Section 945.4 of
the Government Code relating to the prohibition of suits in
the absence of presentation of claims and action thereon by
City.
PASSED AND ADOPTED, at a regular meeting of the City
Council for the City of Tustin on this 7th day of
March , 1994.
, Mayor
ATTEST:
, C~ty Clerk
STATE OF CALIFORNIA )
COD~TY OF ORANGE ) ss.
CITY OF TUSTIN )
M~Y E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the city Council of
the City of Tustin is five; that the above and foregoing
Resolution was passed and adopted at a regular meeting of the
city Council held on the ?th day of Msrch , 19 94 ,
by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED:None
COUNCILPERSONS ABSENT: None
Potts, Sa!tarelli, Pontious, Puckett, Thomas
MARY C erk
Published: