HomeMy WebLinkAboutOrd 1230-1998CITY OF SOUTH SAN FRANCISCO
ORDINANCE NO. 1~30-98
AN ORDINANCE ADDING CHAPTER 4.32 TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY,
DAMAGES. AND REFUNDS
WHEREAS, class action suits against the City for money, damages, or refunds of money paid
to the City can have a potentially significant adverse impact on the City's financial well-being; and
WHEREAS, certain suits for money, damages, or refunds are exempted from existing local and
state laws governing claims against cities; and
WHEREAS, the City's f'mancial interests may be protected by requiring a process for making
claims against the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.32 is hereby added to the South San Francisco Municipal Code to
read as follows:
CHAPTER 4.32
CLAIMS FOR MONEY, DAMAGES, AND REFUNDS
4.32.010. Claims for money, damages, and refunds.
(a) Claims against the City for money, damages or refunds of money erroneously 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.
(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 one year after the
accrual of the cause of action underlying the claim for money or damages or after the payment of the
amount sought to be refunded. Such claims shall be presented and processed as provided in 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 therefore 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 therefore 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.
SECTION 2: SEVERABILITY.
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or portions
hereof shall remain in full force and effect.
SECTION 3: PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once, with the names of those City Councilmembers voting
for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption.
the
Introduced at a regular meeting of the City Council of the City of South San Francisco, held
llth day of August ,1998.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 9th day of September ,1998 by the following vote:
AYES: Councilmembers James L. Datzman, Joseph A. Fernekes, Karyl
Matsumoto, John R. Penna and Mayor Eugene R. Mullin
NOES: Nnne
ABSTAIN: None
ABSENT: Nnno
this
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance
9th day of September ,1998.
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