Milpitas Municipal Code Ch. 1 General Provisions

All funds of the City of Milpitas shall be deposited such depositories as the City Council may from time to time designate by resolution, subject only to conditions imposed by the laws of the State of California pertaining to the same.

(Ord. 5, 1/26/54)

A. All demands or claims against the City for money, damages or refunds which are excepted by Section 905 of the Government Code and which are not governed by other statutes or ordinances expressly relating thereto shall:

(a) Be in writing;

(b) Contain the name and post office address of the claimant;

(c) Be verified by the person who claims to be entitled to be paid the money or damages or who has paid the money sought to be refunded or by his or her guardian, conservator, or the executor or administrator of his or her will or estate;

(d) Contain the date, description and amount of each item, or if the demand or claim is other than contractual, state the date, place and circumstance of the occurrence or transaction giving rise to the demand or claim and a general description of the indebtedness, obligation or injury so far as it may be known;

(e) State the total amount of the demand or claim, together with the basis for computation of the amount claimed;

(f) Be presented to the City not later than one year after the accrual of the cause of action.

B. Pursuant to Government Code Section 935.4, the City Council delegates authority to the City's Risk Manager or his or her designee to perform all the functions of the City Council in the receipt, review, allowance, compromise or settlement of all claims against the City that fall under Division 3.6 of Title 1 of the Government Code or this Subsection IV-1-2.02, provided that no allowance, compromise or settlement shall exceed the Risk Manager's settlement authority as pursuant to Milpitas Municipal Code Section I-5-2.01.

(Ord. No. 309, § 5, 1/19/21; Ord. 5.3 (1), 9/1/98; Ord. 5.2, 10/1/85)

Pursuant to Government Code Section 912.4, the City Council or Risk Manager or his or her designee shall act on a claim within 45 days after the claim has been presented. By mutual agreement of the claimant and the City Council, or Risk Manager or his or her designee, such 45-day period may be extended by written agreement. If the claim is not acted on within 45 days, it shall be deemed to have been rejected on the forty-fifth day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement.

(Ord. No. 309, § 5, 1/19/21; Ord. 5.2, 10/1/85)

No suit may be brought against the City on any cause of action for which a demand or claim must be filed until said written demand or claim has been presented as required by this Chapter to the City and has been acted upon by the City or has been deemed to have been rejected. Any action brought against the City on said demand or claim shall be subject to the provisions of Sections 945.6 and 946 of the Government Code. Only the person who filed the claim may bring such a suit and if another person should do so, judgment shall not be rendered for the plaintiff.

(Ord. No. 309, § 5, 1/19/21; Ord. 5.3 (2), 9/1/98; Ord. 5.2, 10/1/85)

Election to transfer: Pursuant to the provisions of Title 5, Division 1, Part 2, Chapter 2, Article 1 of the Government Code of the State of California, the City Council of the City of Milpitas does hereby elect that the duties of assessing property and the collection of real property and unsecured personal property taxes in the City of Milpitas be and the same are hereby transferred to the Assessor and Tax Collector of the County of Santa Clara, the County in which said City is situated.

(Ord. 8, 1/26/54)

The City of Milpitas shall pay to said County of Santa Clara such compensation as may be fixed by agreement between the Board of Supervisors and the City Council of the City of Milpitas and the making of such agreement is hereby authorized.

(Ord. 8, 1/26/54)

All duties provided by law to be performed by a City Assessor, other than the assessing of property, shall be transferred to, and performed by the City Clerk or such other officer as the City Council may hereafter determine by ordinance, and all duties provided by law to be performed by the City Tax Collector, other than the collection of taxes, shall be transferred to and be performed by the Chief of Police or such other officer as the City may hereafter determine by ordinance.

(Ord. 8, 1/26/54)