HomeMy WebLinkAbout3579Ordinance No. 3579
(Amending or Repealing Ordinances)
CFN=220 - Claims Against the City
Passed 12/11/2001
Amending Sec. 2.97.010 of the KCC relating to Filing a Claim Against the
City
Amends Ords. 2562;3182
Amended by Ord. 3928
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ORDINANCE NO. 3 5 79
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Section 2 97 010 of the
Kent City Code relating to the presentment, filing, and
administration of claims for damages against the City in
order to comply with newly enacted legislation
WHEREAS, the State Legislature recently enacted new legislation
which requires each local government to appoint an agent to accept service of claims
for damages against that locality and, further, each local government must record, with
its county auditor, the identity and the location of the agent during business hours, and
WHEREAS, Chapter 2 97 of the Kent City Code pertains to the
presentment, filing, and administration of claims for damages filed with the City, and
WHEREAS, Section 2 97.010 of the Kent City Code designates that all
claims for damages are to be filed with the City Council, through the City Clerk, and
WHEREAS, this ordinance amends Section 2 97 010 of the Kent City
Code to clarify that the City Council has appointed the City Clerk as the agent to
receive claims for damages and provides the address where the City Clerk's Office is
located Upon passage of this ordinance, the City Clerk will record this ordinance with
the King County Auditor, NOW THEREFORE,
I Claims for Damages —
Appointment of Agent
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
HEREBY ORDAIN AS FOLLOWS
SECTION 1. Section 2 97 010 of the Kent City Code, entitled "Claims,
presentment and filing process," is hereby amended to read as follows•
Sec. 2.97.010. Claims, presentment,—and filing process, and appointed
agent.
A All claims for damages against the city shall be presented to and filed with the
city council dweeif-
, thfough the e y ele='.E'c ef-" within the applicable period of
within which an action must be commenced The city council hereby
appomts as its agent to receive claims for damages filed under this section the city
clerk whose office is located within city hall at 220 Fourth Avenue South, Kent,
Washington 98032
All claims for damages arising out of tortious conduct must specify
1 The date, time and place the injury or damage occurred,
2 The conduct and circumstances which brought about the injury or
3 The injury or damage incurred,
4 The amount of damages claimed,
5 Any alleged act or omission on the part of the city and the basis upon
liability is being asserted against the city,
6 The names of all persons involved and any known witnesses,
7 The name and actual residence of the claiming at the time of presenting
and filing the claim and for a period of six (6) months immediately prior to the time the
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arose
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
or if the clannant is a minor, or is a nonresident of the state absent
2 Claims for Damages —
Appointment of Agent
therefrom during the time within which the claim is required to be filed, the claim may
be venfied, presented, and filed on behalf of the claimant by any relative, attorney, or
agent representing the claimant
D No action shall be commenced against the city for damages ansmg out of
tortious conduct until sixty (60) days have elapsed after the claim has first been
presented to and filed with the city council thereof The applicable period of
limitations within which an action must be commenced shall be tolled during the sixty
(60) day period
SECTION 2. — Severabzkty If anyone or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect
SECTION 3. — Effective Date This ordinance shall take effect and be
force thirty (30) days from and after
ATTEST
MRENDA JACOBER,
APPROVED AS TO FORM.
LUBOVICH,
t3
as provided by law,
MA
Claims for Damages —
Appointment of Agent
A
ASSED
day of
, 2001.
,PPROVED.
day of
/QC
, 2001
/5- day of 2001
I hereby certify that this is a true copy of Ordinance No35�77
by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
V C�NlgdemxClumNunpnNenJx
xa:�=�L (SEAL)
BRENDA JACOBV, CITY CLERK
4 Claims for Damages -
Appointment of Agent
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Return Address
Atm City Clerk
City of Kent
220 Fourth Ave S
Kent, WA 98032
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WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title:
City of Kent Ordinance No. 3579 amending Section 2.97.010 of the Kent City Code
relating to the presentment, filing, and administrative claims for damages against
the City in order to comply with newly enacted legislation.
Reference Number(s):
N/A
Gramor(s):
N/A
Grantee(s):
N/A
Abbreviated Legal Description:
Assessor's Property Tax Parcel/Account Number(s): — N/A