HomeMy WebLinkAbout3182Ordinance No. 3182
(Amending or Repealing Ordinances)
CFN=220 - Claims Against the City
Passed 9/6/1994
Amending Ch. 2.97 Relating to the Filing and Administration of Claims Against
the City
Amended
by
Ord.
3579
Amended
by
Ord.
3928 (Sec. 2.97.010)
Amended
by
Ord.
4000 (Sec. 2.97.020)
a56a
off '
ORDINANCE NO. 1_L"'
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
2.97 relating to the filing and
administration of claims against the City.
WHEREAS, RCW 35A.31.010 provides that claims against a
code city shall be presented and filed pursuant to RCW 4.96.020,
which provision previously referred to RCW 35.31.040 relating to
claims filed against non -code cities; and
WHEREAS, RCW 4.96.020 has been amended by the State
Legislature to set forth how claims against cities shall be
presented and filed and no longer refers to RCW 35.31.040; and
WHEREAS, the City Council desires to amend Chapter 2.97
of the Kent City Code to be in conformance with the provisions of
RCW 4.96.020; and
WHEREAS, it is also the desire of the City Council to
provide for the prompt and efficient administration, defense and
settlement of small claims made against the City; and
WHEREAS, in order to obtain this efficiency, the Mayor
should be given the authority to administer and settle small
claims; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Kent City Code Chapter 2.97 entitled "City
Claims" is hereby amended to read as follows:
CHAPTER 2.97. FILING AND ADMINISTRATION OF GITY CLAIMS
Sec. 2.97.010. Claims - presentment and filina Process.
A. All claims for damages against the city shall be
presented to and filed with the city council thereof, through the
i
city clerk's office within the applicable period of limitations
I
;within which an action must be commenced.
B. All claims for damages arising out of tortious conduct
Imust specify:
occurred;
1. the date time and place the injury or damage
2. the conduct and circumstances which brought about
the injury or damage;
3. the injury or damage incurred;
4. the amount of damages claimed;
2
5. any alleged act or omission on the part of the
city and the basis upon which liability is being asserted against
the city;
witnesses;
5 the names of all persons involved and any known
7. the name and actual residence of the claimant at
the time of presenting and filing the claim and for a period of
six months immediately prior to the time the claim arose.
C. All claims must be signed by the claimant and notarized
prior to filing If the claimant is incapacitated from
verifying presenting and filing the claim in the time
prescribed or if the claimant is a minor, or is a nonresident of
the state absent therefrom during the time within which the claim
is required to be filed the claim may be verified presented,
and filed on behalf of the claimant by any relative attorney, or
accent representing the claimant.
D. No action shall be commenced against the City for
damages arising out of tortious conduct until sixty days have
i; elapsed after the claim has first been presented to and filed
'j with the city council thereof. The applicable period of
limitations within which an action must be commenced shall be
j! tolled during the sixty-day period.
j against j
fl
Sec 2.97.020, Administration of claims.
The city attorney shall be responsible for representing the
City
on all
claims made
against
the city
except to the extent
claims
are
administered
and/or
defended
by the city's insurance
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Sec 2.97.020, Administration of claims.
The city attorney shall be responsible for representing the
City
on all
claims made
against
the city
except to the extent
claims
are
administered
and/or
defended
by the city's insurance
;companies Washington Cities Insurance Authority and other
contracted claims administration service providers which claimer
I
hall be
administered
and
defended
pursuant
to
the
terms
of those
i
'contracts
The
mayor
shall
have the authority
to settle
any
claim against the city for an amount not to exceed S15,000 per
occurrence subject to the availability of funds budgeted for
settlement pu doses All settlements shall be reported to the
City Council as directed by the Council All settlements over
,$15 000 per occurrence shall be subject to council approval.
SECTION 2. Severability. If any section, sentence,
j3 clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 3. Effective Date. This ordinance shall
take effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
ATTEST:
BRENDA JACOBER,/CITk CLERK
APPROVED AS TO FORM:
"A. LUBOVIOH;
ChI'Y--ATZ`QF�EY
PASSED day of 1994.
APPROVED day of 1994.
PUBLISHED day of 1994.
I hereby certify that this is a true copy of Ordinance
No. 3/ 92, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
BRENDA JACOBE TY CLERK
'k—.1