HomeMy WebLinkAboutOrd. No. 1995-0999
ORDINANCE NO._999
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING
GUIDELINES FOR PROCESSING THOSE CLAIMS FOR
MONEY OR DAMAGES NOT NOW GOVERNED BY STATE
OR LOCAL LA WS
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
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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.
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Ordinance No. . 999
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
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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 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 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 Council.
the following- roll call vote:
AYES: COUNCILKEMBERS: ALONGI, BENDER, PAPE, WASHBURH
NOES: COUNCILKEMBERS: NONE
ABSENT: COUNCILKEMBERS: BRINLEY
ABSTAIN: COUNCILKEMBERS: NONE
APPROVED AND ADOPTED UPON SECOND READING this 23rd day of
May, 1995, by the following- roll call vote:
AYES:
COUNCILKEMBERS: ALONGI, BENDER, BRINLEY, PAPE
NOES:
COUNCILKEMBERS: NONE
ABSENT:
COUNCILKEMBERS: WASHBURN
ABSTAIN:
COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
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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:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: WASHBURN
,r'\
~~~COUNCILMEMBERS:
VICKI RASAD, CI~Y CLERK
CITY OF LAKE ElSINORE
NONE
(SEAL)
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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. 999 of said Council, and that the
same has not been amended or repealed.
DA~D .
Muy 25, 1995
( SEA!.J: