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Home My WebLink AboutORD NO 2171 ORDINANCE NO. 2171 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.94 TO TITLE 1 OF THE MUNICIPAL CODE, PROVIDING PROCEDURE FOR CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 1.94 is hereby added to Title 1 of the Municipal Code of the City of Bakersfield as follows: Chapter 1.94 CLAIMS AGAINST THE CITY Sections: 1.94.010 One-Year Claim Period--Certain Claims 1.94.020 Presentation of Claim 1.94.030 Mailing; Manner; Time of Presentation and Receipt 1.94.040 Contents of Claim 1.94.050 Signature 1.94.060 Notice of Insufficiency of Claim 1.94.070 Failure to Give Notice of Insufficiency; Waiver of Defense Based on Defect or Omission 1.94.080 Time for Action by City Council 1.94.090 Action by City Council on Claim 1.94.100 Notice of Rejection of Claim 1.94.110 Filing of Claim is Prerequisite to Suit 1.94.120 Limitation of Action 1.94.010 One-Year Claim Period--Certain Claims. Claims against the City of Bakersfield for money or damages, which are excepted by Section 905 of the Government Code from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of such code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be presented to the City Council within one year after the accrual of the cause of action. 1.94.020 iPreSentation of Claim. .Such claim shall be presented to the City Council by: (a) Delivering it to the City Clerk of the City; or (b) Mailing it to such Clerk or to the City Council at City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. 1.94.030 Mailing; Manner~ Time of Presentation and Receipt. If a claim is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim or notice shall be mailed in the manner prescribed in this section. The claim or notice must be deposited in the United States post office, or a mailbox, sub-post office, substation, or mail chute, or other like facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with postage paid. The claim or notice shall be deemed to have been presented and received at the time of the deposit. 1.94.040 Contents of Claim. Such claim shall be presented by the claimant or by a person acting on his behalf and shall show: (a) The name and post office address of the claimant; (b) The post office address to which the person presenting the claim desires notices to be sent; (c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted; (d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim; (e) The name or names of the public employee or employees causing the injury, damage or loss, if known; and (f) Thc. amount claimed~.as.~of~the_date of~c~resept_~atio~of, the .... claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together~with the basis of computation of the amount claimed. 1.94.050 Signature. The claim shall be signed by the claimant or by some person on his behalf. Claims for supplies, materials, equipment or services need not be signed by the claimant or on his behalf if presented on a billhead or invoice regularly used in the conduct of the business of the claimant. 1.94.060 Notice of Insufficiency of Claim. If in the opinion of the City Council or the City Clerk, such a claim as presented fails to comply substantially with the requirements of Sections 1.94.040 and 1.94.°050, the City Council or the City Clerk may, at any time within 20 days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omissions therein. Such notice may be given by personally delivering the notice to the person presenting the claim or by mailing the notice to the address, if any, stated in the claim as the address to which the person presenting the claim desires notices to be sent; or, if no such address is stated in the claim, by mailing the notice to the address, if any, of the claimant as stated in the claim. No notice need be given where the claim fails to state either an address to which the person presenting the claim desires notices to be sent, or an address of the claimant. The City Council may not take action on the claim for a period of 15 days after such notice is given. 1.94.070 Failure to Give Notice of Insufficiency~ Waiver of Defense Based on Defect or Omission. Any defense as to the suffi- ciency of the claim based on a defect or omission in the claim as presented is waived by failure to give notice of insufficiency with respect to such defect or omission as provided in Section 1.94.060, except that no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant. 1.94.080 Time for Action by City Council. (a) The City Council shall act on a claim in the manner provided in Section 1.94.090 within 45 days after the claim has been presented. (b) If ~the City Council fails or refuses to act on a claim within the time prescribed by Section 1.94.080(a), the claim shall be deemed to have been rejected by the City Council on the last day of the period within which the City Council Was required to act upon the claim. 1.94.090 Action by City Council on Claim. (a) The City Council may act on a claim in one of the follow- ing ways: (1) If the City Council finds the claim is not a proper charge against the City, it shall reject the claim. (2) If the City Council finds the claim is a proper charge against the City and is for an amount justly due, it shall allow the claim. (3) If the City Council finds the claim is a proper charge agains't the City but is for an amount greater than is justly due, it shall either reject the claim or allow it in the amount justly due and reject it as to the balance. (4) If legal liability of the City or the amount justly due is disputed, the City Council may.reject the claim or may compromise the claim. (b) If the City Council allows the claim in whole or in part or compromises the claim it may require the claimant, if he accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim. 1.94.100 Notice of Rejection of Claim. Written notice of the action taken under Section 1.9~.090 or the inaction which is deemed rejection under Section 1.94.080(b) shall be given to the person who presented the claim. Such notice may be given by mailing it to the address, if any, stated in the claim as the address to which the person presenting the claim desires notice to be sent. If no such address is stated in the claim, the notice may be mailed to 4. the address, if any, of the claimant as stated in the claim. No notice need be given when the claim fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant. 1.94.110 Filin8 of Claim is Prerequisite to Suit. Claims under this Chapter shall be presented and acted upon as a prerequisite to suit thereon. 1.94.120 ~Limitation of Action. Any suit brought against the City on a cause of action for which a claim is required to be presented and acted upon in accordance with this Chapter must be commenced not later than six months after the date the written notice is personally delivered or deposited in the mail in accordance with Section 1.94.100. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. o0o I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 4th day of March, 1974, by the following vote: AYES: cOUNCILMEN BLEECKER, HEISEY, M~DD~4S, ROGERS, STRONG~ THOMAS NOES: COUNCILMEN: ~,'~,~] '. i~l"i: ' ~zouNci LMEN: '--~/~--.-~.~ ABSTAINING COUNCI~EN~ of thez Council o~he City of Bakersfield APPROVED this--4~i~-~il~y of March, 1974 ~ of ~he City of Bakersfield APPROVED as to form: CITY ATTORNEY of' th~ity of Bakersfield STATE OF CALIFORNIA,~ ss. County of Kern H. E. BERGEN ~~]~ being duly sworn, deposes and sayS: That -.~e is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ......................... .M..~.r.g..h.....5...t...h.~ .................................... 19..7...4.. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ......... .M...a..r...c...h....~.~..h. .................................. 19.7...4. .... which ordinance was numbered .............. .2...1..7...1. ................. New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER I .90 TO TITLE OF THE MUNICIPAL CODE, PROVIDING PROCEDURE FOR CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES. ACT~'CI~'K Subscribed and sworn to before me this ..,.5.~'~...day ~f ......... .~..a.r.c~r~--~ ............ 1-~ 74 -- ........ lJ ~?~ NOTARY PUBLIC- CALIFORN'~ .~j k~y PRINCIPAL OFFICE IN IJ ~ ~ KERN COUN~