HomeMy WebLinkAboutOrdinance #3753 ORDINANCE NO. 3 7 5 3
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE TO ADD CHAPTER 1.22 RELATING TO CLAIMS
AGAINST THE CITY OF HUNTINGTON BEACH
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Chapter 1.22 is hereby added to the Huntington Beach Municipal Code,
said Chapter to read as follows:
Chapter 1.22
CLAIMS AGAINST THE CITY
Sections:
1.22.010 Authority
1.22.020 Claims Required
1.22.030 Form of Claim
1.22.040. Claim Prerequisite to Suit
1.22.050 Suit
1.22.060 Property Taxes
1.22.010 Authority. This Chapter is enacted pursuant to Section 935 of the California Government
Code.
1.22.020 Claims Required. All claims against the City of Huntington Beach for money or damages
not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq.,
or another state law or another provision of this Code (hereinafter in this Chapter, "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 Chapter.
1.22.030 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. No claim may be filed on behalf of a class
of persons unless verified by every member of that class as required by this Chapter. In addition, all
claims shall contain the information required by California Government Code Section 910.
1.22.040 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 Chapter and acted upon by the
City Risk Manager 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 Chapter. Where the
amount of the claim exceeds fifteen thousand dollars ($15,000.00) but is less than fifty thousand
dollars ($50,000.00), approval of the City Attorney is also required to pay the claim. No claim in
excess of fifty thousand dollars ($50,000.00)may be paid without City Council approval.
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Ord . No . 3753
1.22.050 Suit. Any action brought against the City of Huntington Beach 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 of Huntington Beach shall conform with the
requirements of Sections 950-951 of the California Government Code.
1.22.060 Property Taxes. This Chapter shall apply to all claims for refunds of any property tax
levied pursuant to Revenue&'Taxation Code Section 96.31(a)(4).
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2 n d day of October , 2006.
Mayor
ATTEST: jAP VED AS TO FORM:
CILA
, YYt �
ty Clerk City Attorney q off.
REVIEWED AND APPROVED: II\ BD AND APPROVED:
Citydmnistrator City ttorney
Gj rS/b
06ord/new finance/mc122 2
Ord. No. 3753
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of September,2006, and was again read to said
City Council at a regular meeting thereof held on the 2nd day of October,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on October 12,2006.
In accordance with the City Charter of said City
nV p Joan L. Flynn, City Clerk Cit Clerk and ex-officio CWrk
Deputy City clerk of the City Council of the City
of Huntington Beach,California