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Home My Public Portal AboutOrd. 1433f ~r -. 1 .- - '.~: CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 1433 AN ORDINANCE OF THE CITY OF LYNWOOD ADOPTING " • - REQUIREMENTS FOR FILING CLAIMS AGAINST THE ". . CITY FOR MONEY OR DAMAGES AND AMENDING THE LYNWOOD MUNICIPAL CODE . THE CITY COUNCIL OF.,THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: ` Section 1. Findings and Intent. The Lynwood City " Council makes the following'findings with respect to the adoption ...._- ~__.. ~_.__.r~ ~.~. ..~~._..__ .. .. -of th ~s ~. o~ d~riance r _ . _ -. •~ A: The Tort Claims Act (Government .Code Sections-810 et seq.) provides, with certain exceptions, that no suit for money or damages maybe brought against the City unless a claim has- been timely presented, to the City.. The Tort Claims Act. provides that "local ordinances will govern those. claims that are - excluded by, the Act and that are not expressly governed by~~ ~. another state. statute. " B. The time periods and procedures for presenting a cla"im set forth in this ordinance apply to all claims excluded by the-Act, and not expressly governed by state statute, that are , currently in. existence, regardless of whether they have-been - presented to the City. If the application of this. ordinance t ,would extinguish an existing. claim, the deadline .for presenting. that claim will be as provided in Section 8 of. this ordinance. ~ -: - It is the intent of this ordinance to~ establish uniform. claims presentation requirements and~time periods for .presenting claims with respect to all clams and su"its against the City, and to .. ~ establish requirements and time periods that are consistent with- the Tort Claims Act, including but not limited to .Government Code Sections 9.11.2,49.45.6 and 946. This ordinance will not `` ~`~"`"~~extingus2i~~exstng claims witfiout providing a reasonable period " "_. for the presentation of those claims. Section 2.~ Chapter 2 of the~Lynwood~Municpal Code is amended by adding anew Section 2-7 to read as follows: "2-7 CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES ` 2-.7.1 General. - a. .The provisions. of this section recognize that, the general claim procedures applicable to.Tocal public agencies, includ"ing this .City,"~ are governed by the - . • provisions of Chapter 1 (-commencing with"Section .900) a and Chapter 2 {commencing with Section-910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. . ~ b. ~-The procedures relating to the presentation, processing, review, settlement, compromise, and rejection of, claims for money. or " ~ ~ °"~ damages against the City must~be consistent with the provisions of the California Government Code .referenced above in paragraph a. ," ~2-7.2 Special Claims Procedures. In. accordance with the~authority,conferred by Section 935 of the California Government Code, the following procedures are established for those claims against the City for money or damages not . now governed by State.statutes or by local ordinance• , " r 960329 ]0512-00001 syc 0592529 0 ~. ,T ~a. •Employee Claims. Notwithstanding the eXCeptions contained in Section 905 of the California Government Code, all claims by public - officers or~employees for fees., salaries, wages,,... overtime pay., .holiday .pay, compensating time off, vacation pay, nick leave. pay, .and any other expenses or allowances claimed-to be due from the City, when a procedure for processing those claims is not otherwise provided by State statutes"or -local ordinance, must be presented within the time limitations and in the manner prescribed by .. ` Sections 910 through 915.2 of the California ` Government Code. Those claims are `,further subject - to the provisions of Section ...945:4 of the , California Government Code relating to the. .prohibition of suits in the absence of the . _..} ' - - - ' presentatori~ of. claims and a~~ion thereon by" the ~~- - Cty Council or its designee. b. Contract. and. Other Claims. In addition ` to the requirements of paragraph a of this section, and notwithstanding the exemptions set _ forth in Section 905 of the California Government. Code,, all- claims against the City for damages.o"r money, when a procedure forprocessing those claims is not otherwise provided by State statutes - or local ordinance, must: be presented within the- - ~ time limitations and in the manner prescribed by - Sections 910 through 915_.2 of the California - Government Code. Those claims are further subject- to the provisions of .Section 945.4 of the.. . California Government Code relating .to the . prohibition of suits in the absence of the .presentation of c1~`ams and action thereon by the . City Council or its designee. ' c. All claims must be in writing and verified by the claimant or by the claimant's guardian, conservator, executor, or administrator. No claim may "°~ ~ ~ ~ """be-=filed ,on behalf: of a class of `persons unless it~is verified by every. member of that class as required by this paragraph." •. Secton..3. Paragraph a., of Subsection 6-5.17 of Section 6-5 of Chapter 6 of the. Lynwood Municipal Code is amended. to read as follows:. ' "a. Written Claim required. Whenever the amount of any tax, interest or penalty has been overpaid or -paid more than once or-has been-erroneously or illegally collected or received by the Tax Administrator under this section, it may be refunded as ' ~ provided in this subsection; provided, however, thataa ._ ~ claim in writing therefor, stating under penalty of . perjury the specific grounds upon which the c aim, is . .founded,, is filed with the Tax Administrator in compliance with Section '2-7.2 of ,this Code.. The claim shall be made on forms furnished by the Tax ~~ ~ Administrator." '_._.~...~_~~.- _~-~ ""`"Sect~ori 4`:""` "`i'he second~-sentence`of`paragraph b.' -of subsection 6-5..17 of Section 6-5 of Chapter 6 of the Lynwood Municipal Code is ,amended to read as follows: "A service supplier that has. collected any-amount of -.tax in excess of the amount of tax imposed by this section may. refund such .amount to the service user and may, with the prior written .approval of the Tax . Administrator, claim credit for such overpayment . against the amount of tax that is due to the City, - provded that a„claim for 'such credit is presented 960329 10512-00001 syc 0592529 0 - 2 - .. ' within the time-and in the manner prescribed by Subsection 2-7.2 of this Code." - `~ Section 5.. -Subsection 6-5.17 ofSection 6-5 of Chapter ` `6 of-.the Lynwood Municipal Code %s amended. by deleting therefrom ' paragraph d. - . Section. '6. Subsection 4-T.4 of Section 4-7 of Chapter 4- of the Lynwood Municipal Code is amended in its entirety to ' read as follows-:` " ""4"-7.4 Refunds. - No business license fees will be refunded"unless it is determined by the License .Collector that those fees have been paid in error, computed incorrect y, overpaid, or collected illegally. Nor .will any refund be made unless a claim for that - - ~ refund-`~s ~ presented wit?:-in -ti'le time and- ~n` 'the" manner " ~ ` prescribed by Subsection 2-7.2 of this.. Code.." Section 7. Severability. If any section, subsection, subdivision, paragraph., sentence, cla"use or phrase of this ordinance is for any reason held to be invalid or unenforceable, ` such invalidity or unenforceability will .not affect the validity, - or enforceability of the remaining sections, subsections,' - subdivisions, paragraphs, sentences,~~clauses or phrases of this , ordinance. The City Council of the City"of Lynwood declares that it~would have passed each section, subsection, subdivision, " paragraph, sentence, clause or phrase .of this ordinance, irrespective of "the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or - . phrases may be dec aced invalid or unenforceable. Section-8. Application; Effective Date. This ordinance takes effect 30 days after its final passage and is applicable to any claim against the City that has not expired on or before that date. If the .application of the time periods - established by this ordinance for the presentation of claims to - the City would extinguish an existing claim that is not otherwise time-barred, then the date by which that claim must be presented ~- ~ ' -'--~- °to "-the ` Cit will ' be the "sooner: of ~ '" the date the claims ~ - period would have expired with respect to that existing claim if this ordinance had not been adopted; or (ii) six months after the effective date of this ordinance for""claims described in the first sentence of'Government Code Section 911.2, or one year" after- the effective date of this ordinance for claims described ~~ in the second sentence of that Section. Nothing in this ord"nanee"may be construed to extend the time for the presentation of any claim, which time was established by statute;. ordinance,"'or other law in effect prior to the adoption of this . ordinance. - Section 9". The City Cl"erk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be published :or posted as required by law.' PASSED,."APPROVED and ADOPTED this 21st day of Mdy ~ 19`9 6 . ~,, ~~ ~_ -.-,- - _~~.__ ~- - . ~ - --.. -_.. --PHu:~ H . ' RIB EST• - ~/Ji .ANDREA-L. HOOPER, CI Y CLERK APPROVED AS TO FORM: - CITY ATTORNEY 960329 10512-00001 syc 0592529 0 - 3 STATE OF CAS,IFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true and correct copy of~Ordinance No. 1433 on file in my office and that said ordinance was adopted cn tre _ 21st_ dalr - cf May 1996, and passed by the following vote: AYES: CDUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES : NONE , ABSENT: 'NONE ~~ ~ City Clerk, City of Lynwo d