Loading...
HomeMy WebLinkAbout2024 ORDINANCE NO. 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW CHAPTER 9 TO ARTICLE I, PART 2 RELATING TO CLAIMS AND ACTIONS BY OTHER PUBLIC ENTITIES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. That a new Chapter 9 is hereby added to Article I, Part 2 of the Arcadia Municipal Code to read as follows: CHAPTER 9 CLAIMS AND ACTIONS BY OTHER PUBLIC AGENCIES 1900. APPLICABILITY OF CHAPTER. Pursuant to section 935 of the Government Code, all claims against the City for money, damages, or indemnification by any public entity which is exempt by section 905 (i) of the Government Code from the provisions of Division 3.6 of the Government Code (810 et. seq.), including but not limited to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with Section 910), and is not governed by any other statutes or regulations expressly relating thereto shall be governed by the procedure prescribed in this Chapter. 1901. PRESENTATION OF CLAIM AS PREREQUISITE TO SUIT. No suit for money, damages, or indemnification may be brought against the city by any public entity until a written claim therefor has been presented and acted upon, or has been deemed to have been rejected, in accordance with this Chapter and Sections 945.4, 945.6 and 946 of the Government Code. I 1902. TIME LIMITATION. Any claim specified in section 1901 shall be presented in accordance with the time limitations set forth in Government Code section 911.2. In addition, pursuant to Government Code Section 901, any claim against the ci ty for equitable indemnity or partial equitable indemnity shall be presented not later than six (6) months after the date upon which a defendant is served with the complaint giving rise to the defendant's claim for a cause of action for equitable indemnity or partial equitable indemnity against the City. 1903. LATE FILING. In accordance with Section 935 of the Government Code, the late filing of claims pursuant to this Chapter is regulated by sections 911.4 and 911.6 through 912.2, inclusive, of the Government Code. 1904. PRESENTATION AND CONTENTS. A signed, written claim shall be presented to the city by mailing or delivering it to the City Clerk. The claim shall conform to the requirements of Section 910 of the Government Code or to a form provided by the City, if such form is provided. 1905. PROCEDURES FOR CONSIDERATION. Unless otherwise provided in this Chapter, the procedure for consideration and action upon all claims filed pursuant to this Chapter shall be the same as the procedure provided and required by Sections 910.2 through 915.4, inclusive, of the Government Code, except Section 911.2. In accordance with section 935 of the Government Code, the consideration and action upon claims presented pursuant to Section 1903 of this Chapter shall be the same as the procedure provided 2 2024 and required by section 946.6 of the Government Code. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this ~stday of November , 1994. May?f70~4~~ ATTEST: / J APPROVED AS TO FORM: Mi~:f! ll7jJ~ City Attorney 3 2024 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2024 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1st day of November, 1994 and that said ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn, Lojeski and Young NOES: None ABSENT: Councilmember Margett J 4 2024