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HomeMy WebLinkAboutRES NO 04-89RESOLUTION NO. 4-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE CITY CLAIMS ADMINISTRATOR TO REFER CLAIMS TO THE CITY ATTORNEY'S OFFICE. WHEREAS, California Government Code Section 912.4(c) pro- vides that if the governing board of a public entity fails or refuses to act on a claim within 45 days after the claim has been presented, the claim is automatically deemed to be rejected; and WHEREAS, all claims filed with the City of Bakersfield are currently placed on the consent calendar portion of the City Council agenda for referral to the City Attorney's Office, and no further action is taken by the Council on these claims which are subsequently deemed. rejected; and WHEREAS, such action by the City Council is unnecessary and impractical because all claims filed with the City are routed to the City Claims Administrator for action, including referral to the City Attorney's Office where appropriate; and WHEREAS, California Government Code Section 935.4 pro- vides that a local public entity by resolution may authorize an employee of that entity to perform such functions of the governing body under the Tort Claims Act as are prescribed by the local pub- lic entity. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bakersfield hereby authorizes the City's Claims Administrator, on behalf of the City Council, to refer all claims filed with the City to the City Attorney's Office. BE IT FURTHER RESOLVED that the City Manager is directed to distribute to Councilmembers, and to members of the public and media requesting the same, a monthly report of claims filed against the City. .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 4, 1989 , by the following vote: AYES: COUNCILMEMPERS: CHILDS,~DeI~OND, SMITH RATTY, NOES: COUNCILMEMbERS- Daivagglo ABSENT COUNCILMEM~RS: McDermott ABSTAINING: COUNCiLMEMBERS: N~ ........... CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED January 4, 1989 ~A~O~ of the City of Bakersfield APPROVED as to form: City of Bakersfield R R RES 5 CLAIMS.1 12/12/88