Article 2-50

PROVISIONS FOR FILING CLAIMS FOR MONEY, DAMAGES OR REFUNDS OF MONEY Sections:

2-50.010 Claim filing procedure.

(a) Claims against the City for money, damages or refunds of money erroneously or illegally collected or paid which do not fall under Division 3.6 of Title 1 of the Government Code or are exempted by California Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and which are not governed by other statutes or regulations expressly related thereto, shall be governed by this Section.

Manager and written concurrence of the City Attorney, the Finance Director shall cause to be issued a warrant upon the treasury of the City in the amount for which a claim has been allowed, compromised or settled. The City Council shall be notified within ten days of the acceptance or rejection of any claim pursuant to this Section and within ten days of the claimant's acceptance of any settlement proposed pursuant to this Section. (Ord. 228 § 2, 2004; Ord. No. 322, § 1(Exh. 1.A.1), 11-19-2014)

(Ord. No. 364, § 1(Exh. A), 9-4-2019)

(b) A written claim, 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 or conservator or the executor or administrator of his or her will or estate, shall be presented within the time limitations and in the manner prescribed by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this Section.

(c) No order of a refund may be made until a written claim therefor has been presented to the City in accordance with this Section. No suit for money, damages or a refund may be brought against the City until a written claim therefor has been presented to the City and has been acted upon or has been deemed to be rejected by the City, in accordance with this Section. 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. 71-162 § 1, 1996) (Ord. No. 364, § 1(Exh. A), 9-4-2019)

The City Manager, with the concurrence of the City Attorney, shall be authorized to accept, settle or reject, without prior approval of the Council, claims against the City that fall under Division 3.6 of Title 1 of the Government Code or Section 2-50.010 of the Saratoga City Code, provided that no allowance, compromise or settlement shall exceed the City Manager's spending authority as Purchasing Manager pursuant to section 2-45.030. Upon the written order of the City

26.9

(Saratoga Supp. No. 57, 1-26)

2-55.010