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HomeMy WebLinkAboutOrd 17-02 Municipal Code Claims ORDINANCE NO. 17 - 02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 1.04.070 AND ADDING SECTION 1.04.075 TO THE DUBLIN MUNICIPAL CODE RELATING TO CLAIMS The City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 1.04.070 is amended to the Dublin Municipal Code to read as follows: 1.04.070 Claims for money or damages--Procedure 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 the 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 in so far as said divisions are not in conflict with this section. B. No suit for money or damages may be brought against the city until a written claim, verified by the person who claims to be entitled to be paid the money or damages, or who has paid the money sought to be refunded, or by the claimant's guardian, conservator, or the executor or administrator of the claimant's will or estate, has been presented to the City Council and has been acted upon or has been deemed to have been rejected by the City Council, in accordance with this section. Any action brought against the City on such a claim shall be subject to the provisions of sections 945.6 and 946 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 the one hundredth (100th) day after the accrual of the cause of action, and such claims shall be governed by the provisions of this section. Section 2. Section 1.04.75 is added to the Dublin Municipal Code to read as follows: 1.04.075 Claims for Refund Subject to the Tort Claims ActmProcedure Where a claim for refund is subject to Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California, the claim shall be verified by the person who has paid the money sought to be refunded, by his guardian or conservator, or by the executor or administrator of his or her will or estate. No suit for refund may be brought against the City until a written claim pursuant to this section has been presented to the City and has been acted upon or has been deemed to be rejected by the City, in accordance with the Tort Claims Act. Section 2. Severability: In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 3: Savings Clause: All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 4. Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30) days fi.om and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of October, 2002, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None Mayor ATf~ST: City Clerk G:\CC-MTGS~2002-qtr 4\OCTal 0-15-02\ord-claims. DOC (Item 6.1)