HomeMy WebLinkAboutOrd. No. 1995-2ORDINANCE N0. Rya 2
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE REDEVELOPMENT AGENCY FOR THE CITY OF
LAKE ELSINORE, CALIFORNIA, ESTABLISHING
GUIDELINES FOR PROCESSING THOSE CLAIMS FOR
MONEY OR DAMAGES NOT NOW GOVERNED BY STATE
OR LOCAL LAWS
WHEREAS, any party with a claim for money or damages against a public
agency must first file a claim directly with that entity, and
WHEREAS, the agency then has the ability to deny or reject said claims, and
WHEREAS, the party filing the claim may file a lawsuit, and
WHEREAS, under Government Code Section 905, there are twelve exceptions
to claim filing requirements, and
WHEREAS, subdivision (i) of the Government Code Section 905 exempts claims
by the State or by a State department or agency or by another public agency from
the requirement of filing a claim with a public entity, thereby allowing a claim
to be filed directly in Court without the necessity of having been previously
considered by the Agency, and
WHEREAS, Government Code Section 935 provides an option for public entities
to establish their own policies and procedures for the presentation of claims which
are exempted by Section 905 of the Government Code, and
WHEREAS, enactment of the subject Ordinance will require State and other
public agencies to follow the same claim filing procedures as all other claims.
NOW, THEREFORE, THE BOARD OF DIRECTORS FOR THE
REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1.10.01. Pursuant to the authority contained in Section 935 of the
Government Code of the State of California, the following claims procedures established for
those claims against the Redevelopment Agency for the City of Lake Elsinore for money or
damages not now governed by State or local laws.
Section 1.10.002. Notwithstanding the exemptions set forth in Section 905 of the
Government Code of the State of California, all claims against the Redevelopment Agency for
the City of Lake Elsinore for damages or money, when a procedure for processing such claims
is not otherwise provided by the State or local laws, shall be presented within the time
limitations and in a manner prescribed by Sections 910 through 915.2 of the Government Code
of the State. Such claims shall further be subject to the provisions of Section 945 through 946
of the Government Code of the State relating to the prohibition of suits in the absence of the
presentation of claims and action thereon by the Board of Directors.
i
INTRODUCED AND APPROVED UPON FIRST READING BY TITLE ONLY,
this 9th day of May, 1995, by the following roll call vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, WASHBURN, PAPS
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: BRINLEY
ABSTAIN: BOARDMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING BY TITLE
ONLY, this 23rd day of May, 1995, by the following roll call vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, BRINLEY, PAPE
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: WASHBURN
ABSTAIN: BOARDMEMBERS: NONE
A TEST:
~~~~
VICKI KASAD, CLERK OF THE BOARD
APPROVED AS TO LEGAL FORM:
~~
JOHN R. HARPER, E AL COUNSEL
~ i~J ,
IN W. PAPE, CHAIRMAN
EVELOPMENT AGENCY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on May 9, 1995, and passed on May 23,
1995, by the following roll call vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, BRINLEY, PAPE
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: WASHBURN
ABSTAIN: BOARDMEMBERS: NONE
VICKI KASAD CITY CLERK
CITY OF LAKS $LSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. RDA 2 of said Council, and that the
same has not been amended or repealed.
DATED: May 25, 1995