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Ordinance 3.12 of BMC.Redline - 1 -
ORDINANCE NO. _____
ORDINANCE REENACTING CHAPTER 3.12, OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO CLAIMS MADE AGAINST THE CITY
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 3.12 of the Bakersfield Municipal Code is hereby reenacted to read as follows:
Chapter 3.12 Claims Made Against the City
3.12.010 Purpose and Intent
3.12.020 Claim Presentation Requirement
3.12.030 Form of Claim
3.12.040 Delivery of Claim
3.12.050 Claim Prerequisite to Lawsuit
3.12.010 Purpose and intent
Government Claims Act (Government Code §§ 810 et seq. ) (the “Act”) establishes the statutory protocol for the presentation of liability claims. Government Code Section 905 of the Act exempts certain damage claims from the prerequisite administrative claim presentation requirements, including, but not limited to, claims by the state or other local public entity against a public agency. Government Code Section 935 of the Act provides that claims that are excluded from the prerequisite administrative claim presentation requirements under Government Code Section 905, and that are not governed by other statutes or regulations, may be covered by a public agency’s municipal code. This chapter establishes that claims against the City which are exempt by Section 905, and which are not governed by any other statute or regulation, shall be filed with the City prior to the filing of a civil action.
3.12.020 Claim presentation requirement
All claims against the City for money or damages that are excluded by Government Code Section 905 and that are not otherwise governed by the Government Claims Act, California Government Code Sections 810 et seq., shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California
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Ordinance 3.12 of BMC.Redline - 2 -
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 Part. To the extent that the provisions of the Government Claims Act are inconsistent with this Part, the provisions of this Part shall prevail.
3.12.030 Form of claim
All claims shall be made in writing and verified by the claimant or by the guardian, conservator, executor, or administrator of claimant. In addition, all claims shall include the information required by California Government Code Sections 910 through 915.4.
The foregoing reference to Government Code Sections 910 through 915.4 shall not be construed to authorize a class claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class.
3.12.040 Delivery of claim
All documents setting forth claims or demands against the City must be delivered to the City Clerk’s Office, located at 1600 Truxtun Avenue, Bakersfield, California 93301 , to the attention of the City Clerk.
3.12.050 Claim prerequisite to lawsuit
In accordance with California Government Code Section 935(b), all claims shall be presented as provided in this Part and acted upon by the City prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this Part. Any claim that the City has not acted on within 45 days of receipt shall be deemed denied on the 4 5th day, as determined under California Government Code Section 912.4.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days after the date of its passage. ---------o0o----------
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Ordinance 3.12 of BMC.Redline - 3 -
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: __________________________________________________________________ ABSTAIN: COUNCILMEMBER: ___________________________________________________________________ ABSENT: COUNCILMEMBER: ____________________________________________________________________
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JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield
APPROVED:
By:______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ______________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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