HomeMy WebLinkAboutCC ORD 1996-2103 Adds Ch. 1.40, claims for money, damages or refunds of money (1.40)ORDINANCE NO, 96-2103
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 1.40 TO THE
NATIONAL CITY MUNICIPAL CODE
PERTAINING TO CLAIMS FOR MONEY,
DAMAGES OR REFUNDS OF MONEY
BE IT ORDAINED by the City Council of the City of National City that
Chapter 1.40 is hereby added to the National City Municipal Code, to read as follows:
Chapter 1.40
CLAIMS FOR MONEY, DAMAGES OR REFUNDS OF MONEY
Sections:
1.40.010 Claims for Money, Damages or Refunds of Money
1.40.010 Claims for Money, Damages or Refunds of Money.
A. Claims against the city for money, damages or refunds of money
erroneously or illegally collected or paid which are exempted by California Government
Code section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of
the Government Code and which are not governed by other statutes or regulations
expressly related thereto, shall be governed by this section.
B. 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
his or her guardian, conservator, executor or administrator, shall be presented within one
year after the accrual of the cause of action underlying the claim for money or damages
or after the payment of the amount sought to be refunded. 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 insofar as said divisions are not in conflict with this section.
C. No order of a refund may be made until a written claim therefore has
been presented to the city in accordance with this section. No suit for money, damages
or a refund may be brought against the city until a written claim therefore has been
presented to the City Council and has been acted upon or has been deemed to be rejected
by the City Council, in accordance with this section. Only the person who filed the claim
may bring such a suit and if another person should do so, judgment shall not be rendered
for the plaintiff.
Continued on Page Two
Ordinance No. 96-2103
Page 2 of 2
PASSED and ADOPTED this 13 th day of February , 1996.
George H. Waters, Mayor
ATTEST:
Lo i Anne Peoples, Cit Clerk
APPROVED AS TO FORM:
'07 /3.zt
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on February
13, 1996, by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
(;))64_,„
ity
lerk a lerk of the City of Nationa City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the days of its introduction and the days of its final
passage, to wit, on February 6, 1996 and on February 13, 1996.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its passage
a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 96-2103 of the City Council of the City of National City, passed and
adopted by the Council of said City on February 13, 1996.
City Clerk of the City of National City, California
By:
Deputy