HomeMy WebLinkAboutNS-2310 - Adding Article X to Chapter 2 of Santa Ana Municipal Code to Require Claims Presentations for all Claims for Money or Damages Persuant to California Code...441
DMF~10/2/96
ORDINANCE NO. NS-2310
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING ARTICLE X TO CHAPTER 2 OF THE
SANTA ANA MUNICIPAL CODE TO REQUIRE
CLAIMS PRESENTATION FOR ALL CLAIMS FOR
MONEY OR DAMAGES PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 935(a)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
~y~: That the Santa Ana Municipal Code is hereby
amended by adding an article, to be numbered X, to Chapter 2 of the
Santa Ana Municipal Code, which said article shall consist of
sections 2-901 through 2-904 and shall read as follows:
ARTICLE X. GENERAL CLAIM REQUIREMENT PROCEDURES
Sec. 2-901. Application of article.
Pursuant to the authority granted to local public entities by
California Government Code Section 935(a), this article applies to
all claims for money or damages against the City of Santa Ana and
any public entity for which the City Council is the governing body,
which are excepted by Section 905(i) from Chapters I and 2 of Part
3 of Division 3.6 of the California Government Code and which are
not otherwise governed by any other statutes or regulations
expressly relating thereto.
Sec. 2-902. Presentation of claim required.
A claim to which this article applies must be presented to the
city as a prerequisite to any suit being filed thereon.
Sec. 2-903. Time limits for filing claim.
Ail claims to which this article applies shall be filed within
the time limits established in California Government Code Section
911.2.
Sec. 2-904. Retention of original claim.
The original claim shall be retained by the clerk of the
council.
~_~: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
1
oRD ANc Ns-2 0
of the remaining portions of this ordinance. The City Council of
the City of Santa Aha hereby declares that it would have adopted
this ordinance and each section, SUbsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3 : Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this
16th day of December
, 1996.
ATTEST:
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Lutz Aye
McGuigan Aye
Franklin Absent
Moreno Aye
ED AS TO FORM:
orney
2
443
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
of Santa Ana on
with the Charter of the City of Santa Ana.
to be the original ordinance adopted by the City Council of the City
/,2--,/~ - ~, ; and that said ordinance was published in accordance
Date: /~-//£ ,,/q ~
Clerk of the CoUncil//'~/ ~
City of Santa Ana ~ /