HomeMy WebLinkAboutORD 159 1993 0303ORDINANCE NO. 159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK AMENDING THE MOORPARK MUNICIPAL
CODE BY ADDING CHAPTER 3.14 RELATIVE TO
CLAIMS AND ACTIONS BY OTHER PUBLIC ENTITIES
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. The Moorpark Municipal Code is hereby amended by
adding Chapter 3.14, "Claims and Actions By Other Public
Entities ", to read as follows:
3.14.010 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
exempted by Section 905(i) of the Government Code from the
provisions of Division 3.6 of the Government Code (Section 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.
3.14.020 Presentation of Claim as Prerequisite to Suit. No suit
for money, damages, or indemnification may be brought against the
City by any public entity described in Section 3.14.010 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.
3.14.030 Time Limitation. Any claim specified in Section
3.14.020 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 City 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.
3.14.040 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.
34270.1
3.14.050 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.
3.14.060 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 3.14.040 of this Chapter shall be the same as the
procedure provided and required by Section 946.6 of the
Government Code.
SECTION 2. If any section, sentence, clause, phrase, part
or portion of this Ordinance is for any reason held to be invalid
or unconstitutional by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, sentence, clause,
phrase, part or portion thereof, irrespective of the fact that
any one or more sections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign this Ordinance, and the
City Clerk shall attest and certify to the passing and adoption
of this Ordinance and shall cause the same to be published as
required by law.
PASSED AND APPROVED this 3rd day of MARCH , 1992.
ATTEST:
- 4270.1 -2-
CITY OF MOORPARK
MAYOR
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 159 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 3rd day of MARCH , 1993, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 4th day of MARCH , 1993.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tem Counalmember Counalmember Counalmember
f'nried on Recyded Paper