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O 477 C.S. ~ . .,I : . . ORDINANCE NO. 477 c. S . AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF ARROYO GRANDE, ADDING CHAPTER 11 TO TITLE 2 TO THE ARROYO GRANDE MUNICIPAL CODE, PROVIDING FOR A UNIFORM CLAIlVIS PRESENTATION PROCEDURE FOR CLAIlVIS AGAINST TIIE CITY OF ARROYO GRANDE WHEREAS, California Government Code Section 935 pennits local public entities such as the City of Arroyo Grande ("City") to establish claims presentation procedures and periods; WHEREAS, it is desirable to provide for a uniform claims presentation procedure for all claims against the City; . NOW, THEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 11 shall be added to Title 2 of the Arroyo Grande Municipal Code to read as follows: 2-11.01 - Claims in General. Pursuant to the authority granted the City by California Government Code Section 935, all claims against the City for money or damages which are excepted from the claims presentation requirement of Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this Chapter. 2-11. 02 - Presenting and Filing. All claims against the City shall be signed under penalty of perjury by the claimant or by some person on his or her behalf. All claims against the City shall be presented to the City by delivering or mailing the claim to the City Clerk. All claims shall set forth: A. The name and address of the claimant; B. The address to which the person presenting the claim desires notices to be sent; C. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted; O~~INANCE 477 C.S. D. A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time qf presentation of the claim; E. The name or names of the public employee or employees causing the injury, damage, or loss, if known; and F. The amount claimed if it totals less than Ten Thousand Dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds T~n Thousand Dollars ($10,000), no dollar amount need be included in the claim. However, it shall indicate whether jurisdiction over the claim would rest in municipal or superior court. 2-11. 03 -- Itemization Necessary. The City Council shall not hear or consider or allow or approve any claim, bill or demand against the City unless the same is itemized giving names, dates and particular services rendered, character of process served and upon whom, distance traveled, character of work done, and number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefrom and any other pertinent details as the case may be. 2-11.04 - Notice of Insufficiency. If in the opinion of the City Clerk, or her designee, a claim as presented fails to comply substantially with the requirements of this Chapter, the City Clerk, or designee, may, at any time within twenty (20) days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omission therein. Failure of the City Clerk to provide notice of insufficiency shall not operate as a waiver of any defenses the City may have based on the sufficiency of the claim. 2-11.05 -- Suit. No suit for money or damages may be brought against the City on a cause of action for which a claim is required to be presented in accordance with this Chapter until a written claim therefor has been presented to the City and has been acted upon by the City Council, or has been deemed to have been rejected by the City Council, in accordance with Section 912.4 of the California Government Code. 2 ,. . . . ORDINANCE 477 C.S. 2-11.06 - Disposition. If the City Council finds any claim or demand is not a proper charge against the City, it shall be rejected by resolution or minute action, and the fact of rejection ~ shall be plainly endorsed upon the claim by the City Clerk or authorized representative. If any claim or demand is detennined to be a proper charge against the City, the same shall be allowed by resolution or minute action setting forth as J to each claim the name of the claimant, a brief statement of the claim, and the amount allowed. Any claim may be allowed in part and rejected in part by the City Council. 2-11.07 - Approv~ by Council. . If any claim or demand is approved and allowed by the City Ceuncil, the City Clerk shall endorse upon eack of the duplicate copies thereof the words, "Allowed <by the City Council of the City of Arroyo Grande," together with the resolution number or minute action allowing the same and for what amount and the City Clerk shall attest the same with his or her signature. 2-11.08 - Payment by Check. If any claim or demand is approved and allowed by the City Council, the Mayor shall draw a check upon the City Treasury for the same, which check shall be countersigned by the City Clerk, or authorized representative, or the City Finance Director or authorized representative, and shall specify for what purpose the same is drawn and out of what fund it is to be paid. 2-11.09 -- Sufficient Money in Treasury. Except as otherwise provided, no check shall be drawn or evidence of indebtedness issued unless there is at the time sufficient money in the City Treasury legally applicable to the payment of the same. 2-11.10 - Acceptince by Finance Director. Upon presentation of the check properly executed and endorsed, the City Finance i Director shall pay the same out of the funds in the City Treasury properly j applicable to that purpose. 2-11.11 - Disapproval for Want of Funds. When an order or demand is not approved for want of funds and its amount does not exceed the income revenue for the year in which the indebtedness was incurred, 3 · OR~rN~NCE 477 c.S. the City Clerk shall endorse on it "Not approved for want of funds," with the date of presentation and her signature. 2-11.12 - Time for Presentation of Claim. Notwithstanding the exceptions set forth in Section 905 of the California Government Code, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State law, shall be presented not later than one (1) year after the accrual of the cause of action. SECTION 2: Chapter 3, Article 3, Section 3-3.312 of Title 3 of the Arroyo Grande Municipal Code shall be repealed in its entirety and revised to read as follows: . 3- 3.312 Refunds. Whenever the amount of any tax has been overpaid or p~d more than once or has been erroneously or illegally collected or received by the City under this Article, it may be refunded, provided the tax was paid under written protest and a claim in writing therefor is filed with the City. The claim shall conform in all respects to the requirements set forth for claims against the City in Chapter 11 of Title 2 of the Arroyo Grande Municipal Code. SECTION 3: Chapter 3, Article 6, Section 3-3.618 of Title 3 of the Arroyo Grande Municipal Code shall be repealed in its entirety and revised to read as follows: 3- 3.618 Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this Article, it may be refunded, provided the tax was paid under written protest and a claim in writing therefor is flled with the City. The claim shall conform in all respects to the requirements set forth for claims against the City in Chapter 11 of Title 2 of the .Arroyo Grande Municipal Code. SECTION 4: That all ordinances, codes, sections of ordinances and codes, and resolutions that are inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 5: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitu- tional. 4 . 'ORDINANCE No. 477 C.S. SECTION 6: This Ordinance shall take effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 7: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City C1erk shall post a certified copy of the full text of such adopted Ordinance. . On motion of Council Member Souza , secpnded by Council Member Brandy and on the following roll call vote, to-wit: '" w A YES: Council Members Souza, Brandy, Fuller, Lady, and Mayor Dougall NOES: None ABSENT: None the foregoing Ordinance was adopted this 11 th day of , 1996. A TIEST: idil'~a. ~L N CY A. . AVIS, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: LYON & CARMEL BY: f}~ ~ S<... KAlw-L. -H:iAN. ~ TIMOTHy\j. C" ROBERT L. HUNT, CITY MANAGER ASSISTANT C ITORNEY 5 ,. ' . . , . ORDINANCE NO. 477 C.S. T, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of peIjury that the foregoing Ordinance No. 4 7 7 C. S is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 1 1 thday of June , 1996. J .., .~ WITNESS my hand and Seal of the City of Arroyo Grande affixed this 13th day of June , 1996. 1 17(i'M-fttf. a Qu....:v NANCY A. 7 A VIS, CiTY CLERK :: 6