Ordinance 2980CITY OF ALAMEDA ORDINANCE NO.
2980
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
SECTION 3-53 (CLAIMS) TO DIVISION VIII (REFUNDS AND
CORRECTIONS) OF CHAPTER III (FINANCE AND TAXATION)TO ESTABLISH UNIFORM REQUIREMENTS AND
PROCEDURES APPLICABLE TO THE PRESENTATION AND
PROCESSING OF CLAIMS FOR MONEY OR DAMAGES WITH
THE CITY OF ALAMEDA THAT ARE NOT CURRENTLY
COVERED BY STATE LAW OR OTHER PROVISIONS IN THE
ALAMEDA MUNICIPAL CODE
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1 The Alameda Municipal Code is amended by adding
Section 3-53 (CLAIMS) to Division VIII (REFUNDS AND CORRECTIONS) of
Chapter III (FINANCE AND TAXATION), which shall read as follows:
53 CLAIMS
53.1 Authority
This ordinance is enacted pursuant to Section 935 of the California
Government Code. The . purpose of the Ordinance is to establish claims
procedures for those claims against the City for money or damages not now
governed by state or local laws , including those claims currently exempted
under Government Code Section 905.
53.2 Time Barred Claims
Nothing in this Code section revives or reinstates any claim or cause of
action that , on the effective date of this Code section , is barred by failure to
comply with any previously applicable statute , ordinance , or regulation requiring
the presentation of a claim prior to suit, or by failure to commence any action
within the period prescribed by an applicable statute of limitations.
53.3 Construction
Nothing contained herein is intended to extend any statute of limitations
or claims filing period provided under other provisions of the Alameda Municipal
Code , State law , or any other applicable law or regulation related to filing a
judicial action or other proceeding for recovery of money or damages against
the City. References in this Chapter to specific sections of the California
Government Code shall refer to those provisions as they now exist or shall
hereafter be amended.
53.4 Claims Required
All claims against the city for money or damages not otherwise governed
by the Government Claims Act,. California Government Code Sections 900 et
seq., another state law or applicable Code section (hereinafter in this ordinance,
claims ) including the exceptions contained in California Government Code
Section 905 , shall be presented within the time , and in the manner , prescribedby Part 3 of Division 3.of Title 1 of the California Government Code
(commencing with Section 900 thereof) for the claims to which that Part applies
by its own terms , as those provisions now exist or shall hereafter be amended
and as further provided by this ordinance.
53.5 Form of Claim
All claims shall be made in writing and verified by the claimant or by his
or her guardian , conservator , executor , attorney-in-fact or administrator.
claim may be filed on behalf of a class of persons unless verified by every
member of that class as required by this Code section. In addition , all claims
shall contain the information required by California Government Code Section
910.
In accordance with California Government Code Sections 935(b), 945.4
and 945., all claims shall be presented as provided in this section and acted
upon by the city prior to the filng of any action on such claims , and there is a
provision that a rejection of a claim is the prerequisite decision , and no suchaction may be maintained by a person who has not complied with the
requirements of Alameda Municipal Code subsection 3-53.4.
53.6 Suit
Any action brought against the city upon any claim or demand shall
conform to the requirements of Sections 940-949 of the California Government
Code. Any action brought against any employee of the city shall conform with
the requirements of Section 950-951 of the California Government Code.
Section 2.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 3.This Ordinance shall be in full fore and effect from and after
the expiration of thirty (30) days from t its final passage.
Attest:
Lara Weisiger, City Clerk
City of Alameda
*******
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 15 day of April , 2008 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson -- 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 16 day of April , 2008.
'r9fA
Lara Weisiger , City Cler
City of Alameda '-0