Williams Municipal Code Ch. 3.32 Local Claims Procedures

The purpose of this chapter is to establish local claims procedures as authorized by Government Code Section 935, to govern money claims brought against the city that are exempt from state law claims procedures under the Tort Claims Act.

(Ord. 98-97 § 1, 1997).

Pursuant to Government Code Section 935, the city establishes the following claims procedures to apply to those claims against the city that are exempt from the Tort Claims Act under Government Code Section 905:

A. All claims for money or damages against the city that are exempt from the Tort Claims Act under Government Code Section 905, and that are not governed by any other statute or regulation expressly relating to such claim, shall be presented to the city within the time limitations and in the manner prescribed by Government Code Sections 910 through 915.2.

B. When a claim required by this chapter to be presented within a period of less than one year after the accrual of the cause of action is not presented within the required time, an application for leave to file a late claim may be made and processed in accordance with Government Code Sections 911.4(b), 911.6 to 912.2, and 946.6. A late claim also shall be subject to Government Code Section 946.4. (See Gov. Code, § 935(e).)

C. Claims shall be subject to the provisions of Government Code Section 945.4, relating to the prohibition of lawsuits until the presentation of and action on a claim. No lawsuit for money or damages may be brought against the city on a cause of action for which a claim is required to be presented in accordance with this chapter until a written claim therefor has been presented to the city and has been acted upon by the city council, or has been deemed to have been rejected by the city council, in accordance with the procedures at Government Code Sections 910 through 915.2. (See Gov. Code, § 935(b).)

D. Any lawsuit brought against the city on a claim subject to this chapter shall be subject to the provisions of Government Code Sections 945.6 (lawsuit filing limitations) and 946 (lawsuit barred after claim allowed in full or part). Any lawsuit against the city on a claim subject to this chapter must be commenced within the time limitations of Government Code Sections 945.6. (See Gov. Code, § 935(b).)

(Ord. 98-97 § 2, 1997).