HomeMy WebLinkAboutCC ORD 2011-2369 Amend Section 1.40.010 Regarding Claims for Money, Damages or Refunds of MoneyORDINANCE NO. 2011 — 2369
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
SECTION 1.40.010 OF THE NATIONAL CITY
MUNICIPAL CODE REGARDING CLAIMS FOR
MONEY, DAMAGES OR REFUNDS OF MONEY
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended by amending Chapter 1.40 as follows:
Section 1. Section 1.40.010 of the National City Municipal Code is hereby amended
to read as follows:
Section 1.40.010 Claims for money, damages or refunds of money.
A. Claims Required. All claims against the city for money or damages not otherwise
governed by the Government Claims Act, California Government Code Sections 900 et seq., or
another state law (hereinafter in this ordinance, "claims") shall be presented within the time, and
in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code
(commencing with Section 900 thereof) for the claims to which that Part applies by its own
terms, as those provisions now exist or shall hereafter be amended, and as further provided by
this ordinance. No order of a refund may be made until a written claim therefore has been
presented to the city in accordance with this section. In accordance with California Government
Code Sections 935(b) and 945.6, no suit for money, damages or a refund may be brought
against the city until a written claim has been presented to the city council and has been acted
upon or has been deemed to be rejected by the city council. No suit for money, damages or a
refund may be maintained by a person who has not complied with the requirements of 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.
B. Form of Claim. All claims shall be made in writing and verified by the claimant or
by his or her guardian, conservator, executor or administrator. All claims shall contain the
information required by California Government Code Section 910. The foregoing reference to
Government Code Section 910 shall not be construed to authorize a class claim, and no claim
may be filed on behalf of a class of persons unless verified by every member of that class.
C. Claim Prerequisite to Suit. In accordance with California Government Code
Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted
upon by the city prior to the filing of any action on such claims, and no such action may be
maintained by a person who has not complied with the requirements of this section.
D. Suit. Any action brought against the city upon any claim or demand shall
conform to the requirements of Sections 940-949 of the California Government Code. Any
action brought against any employee of the city shall conform with the requirements of Section
950-951 of the California Government Code.
Section 2. Authority. This ordinance is enacted pursuant to Section 935 of the
California Government Code.
Section 3. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable.
1 Ordinance No. 2011 — 2369
Amending NCMC Section 1.40.010
Section 4. Effective Date; Transitional Clause. This Ordinance shall take effect thirty
days after adoption as provided by Government Code Section 36937. However, any claim that
would have been timely if presented on the day before this Ordinance becomes effective which
claim would be untimely under the requirements of the this Ordinance may, notwithstanding this
Ordinance, be presented not later than the 45th day after the adoption of this Ordinance.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance, and shall cause the same to be published according to law.
PASSED and ADOPTED this 1st day of November011.
ATTEST:
Michael R. Della, ity Clerk
A''ROVED AS O FORM:
udia G
City Attorn
on Morrison, Mayor
2 Ordinance No. 2011 — 2369
Amending NCMC Section 1.40.010
Passed and adopted by the Council of the City of National City, California, on
November 1, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of ational City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on October 18, 2011 and on November 1, 2011.
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. 2011-2369 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 1, 2011.
By:
City Clerk of the City of National City, California
Deputy