HomeMy WebLinkAboutOrdinance #3948 ORDINANCE NO. 3948
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 1.22 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO CLAIMS AGAINST THE CITY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 1.22.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.22.010 Authority.
(a) This Chapter is enacted pursuant to the authority under the Constitution and laws of the
State of California, including but not limited to California Constitution Article XI,
sections 3 and 5 and Section 935 of the California Government Code; and
(b) The City of Huntington Beach (the "City") is a municipal corporation and charter city
duly organized and existing under a charter pursuant to which the City has the right and
power to make and enforce all laws and regulations in respect to municipal affairs and
certain other matters in accordance with and as more particularly provided in Sections 3,
5 and 7 of Article XI of the Constitution of the State of California and Section 500 of
Article V of the Charter of the City; and
(c) The City Council of the City acting under and pursuant to the powers reserved to the City
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and
Section 500 of Article V of the Charter of the City, finds that claims filed against the City
are a municipal affair and therefore public interest and necessity require the establishment
of a process for handling such claims.
SECTION 2. Section 1.22.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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. In addition, all claims shall contain
the information required by Government Code Section 910. The foregoing reference to
Government Code Section 910 shall not be construed to authorize a class claim or a
representative claim, and no claim may be filed on behalf of another person or a class of persons
unless verified by such other person(s) and each member of any purported class.
SECTION 3. Section 1.22.065 is hereby added to Chapter 1.22 of the Huntington Beach
Municipal Code, said section to read as follows:
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Ordinance No. 3948
1.22.065 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.
SECTION 4. 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 /816 day of ���-� , 20%Z.
A EST: Mayor
City Clerk V INITIATED AND APPROVED AS TO
FORM:
REVIE D APPROVED:
�Ckty- ttorney
ager
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Ord. No. 3948
STATE OF CALIFORNIA )
COUNT' OF ORANGE ) ss:
CITE' OF HUNTINGTON BEACH )
1, 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 June 4,2012, and was again read to said City Council at a
regular meeting thereof held on June 18,2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw,Harper, Dwyer,Hansen, Carchio, Bohr, Boardman
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 June 28,2012.
In accordance with the City Charter of said City
2 Joan L.Flynn,City Clerk ity Clerk and ex-offici Clerk
Senior DeplLty City Clerk of the City Council of the City
of Huntington Beach, California