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HomeMy WebLinkAbout81-203EJC:adg ii/9/8i RESOLUTION NO. 81-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY ATTORNEY OF THE CITY OF SANTA ANA TO PERFORM CLAIMS FUNCTIONS AS PERMITTED BY CALIFORNIA GOVERNMENT CODE SECTIONS 935.4 AND 949. WHEREAS, California Government Code ("Govt. Code") ~ 935.4 provides that the City Council may authorize an employee of the City of Santa Ana to perform such claims administration functions as are prescribed by resolution; and WHEREAS, Govt. Code § 935.4 allows this Council by resolution to authorize an employee of the city to allow, compromise or settle a claim against the city if the amount to be paid pursuant to such allowance, compromise or settlement does not exceed Five Thousand Dollars ($5,000.00); and WHEREAS, Govt. Code S 949 allows this Council delegate its authority to its attorney or employee to compromise any pending action. to NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: 1. The City Attorney of the City of Santa Ana is hereby authorized, pursuant to Govt. Code ~ 935.4, to perform the following claims functions: Se Provide claim forms, pursuant to Govt. Code ~ 910.4. Give written notice of insufficiency of claims, pursuant to Govt. Code ~ 910.8. Rule on applications for leave to present late claims, pursuant to Govt. Code ~ 911.4 through 911.8. Agree to extend the time for action on a pending claim, pursuant to Govt. Code ~ 912.4. Act on claims, pursuant to Govt. Code S 912.6. fe Re-examine previously rejected claims for the purpose of settlement, pursuant to Govt. Code ~ 930.2. Process claims presented under the Charter of the City of Santa Ana, or under any ordinance or resolution of the City Council. 2. The Clerk of the Council shall forward a copy of all claims to the City Manager to assist the City Attorney in investigation of the claim. RESOLUTION NO. 81- 203 PAGE TWO 3. This Council hereby authorizes the City Attorney and the City Manager to allow, compromise or settle claims against the City, wherever any such allowance, compromise or settlement does not exceed Five Thousand Dollars ($5,000.00). 4. This Council hereby authorizes the City Attorney to compromise any pending action which does not exceed Five Thousand Dollars ($5,000.00). 5. This Council further directs the City Attorney to consult with the City Manager regarding the merits of pending actions prior to compromising any such action. 6. Resolution No. 78-61 is hereby repealed. ADOPTED this by the following vote: 7th day of December , 1981, AYES: NOES: COUNCILMEMBERS: Bricken, Griset, Luxemb0urger, Markel, McGuigan, Serrat0 · COUNCILMEMBERS: None ATTEST: cLNICE C. ~UY- / // ERE OF THE COUNCIIf~/ APPROVED AS TO FOPS: ABSENT: COUNC ILMEMBERS: Acosta GORDO~YBRICKEN CITY ATTORNEY