HomeMy WebLinkAbout3928ORDINANCE NO. 3/ 28
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
2.97.010 of the Kent City Code, entitled "Claims,
Presentment, Filing Process, and Appointed
Agent," in order to implement ESHB 1553,
adopted by the state legislature during its 2009
legislative session, which amends the tort pre-
claim requirements of Ch. 4.96 RCW.
RECITALS
A. During its 2009 legislative session, the Washington State
Legislature adopted Engrossed Substitute House Bill (ESHB) 1553
amending the tort pre-claim requirements set forth in RCW 4.96.020. The
prior statute generally left the structure of that claim form to the agency's
discretion. However, with the adoption of ESHB 1553, the legislature
amended the form and its requirements.
B. ESHB 1553 provides that a claim can be filed on a local
government agency's claim form, or a standard tort claim form that is
available online by the Risk Management Division of the Washington State
Office of Financial Management. While the City may create its own claim
form and may request additional information beyond the state's
requirements, the City cannot deny a claim because it was not made on
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Amend KCC 2.91.010
the City's form or because it did not provide the additional information
requested by the City.
C. This ordinance is necessary to amend section 2.96.010 of the
Kent City Code to implement the provisions of ESHB 1553.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 2.97.010 of the Kent City
Code, entitled City Claims, is amended as follows:
Sec. 2.97.010. Claims, presentment, filing process, and
appointed agent.
A. All claims for damages against the city shall be presented to and
filed with the city council within the applicable period of limitations within
which an action must be commenced. The city council hereby appoints 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.
B. AH-e.C.laims for damages arising out of tortious conduct must be
submitted on either the standard claim form maintained by the Risk
Management Division of the Washington State Office of Financial
Management, or on the City of Kent's own claim form. Only one version of
these claim forms need be presented to the City Clerk. At a minimum, the
following information is required:
1. The claimant's name, date of birth, and contact information:
2. A description of the conduct and the circumstances that
brought about the injury or damage;
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Amend KCC 2.91.010
3. A description of the injury or damage;
4. A statement of the time and place that the injury or damage
occurred:
5. A listing of the names of all persons involved and contact
information, if known;
6. A statement of the amount of damages claimed: and
7. A statement of the actual residence of the claimant at the
time of presenting the claim and at the time the claim arose.
C. The claim form must be signed either:
1. By the claimant, verifying the claim:
2. By the attorney-in-fact for the claimant, pursuant to a written
power of attorney:
3. By an attorney admitted to practice in Washington state on
the claimant's behalf: or
4. By a court-approved guardian or guardian ad !item on behalf
of the claimant.
specify:
1. The date, time and place the injury or damage occurred;
2. The conduct and circumstances which brought about the
injury or damage;
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 'v'v'hich liability is being asserted against the city;
6. The names of all persons involved and any knovm 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 claim arose.
All claims must be signed by the claimant and notarized prior to
filing. If the claimant is incapacitated from verifying, presenting, and filing
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Amend KCC 2.91.010
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 'Nithin ·.vhich the
claim is required to be filed, the claim ma'y' be verified, presented, and filed
on behalf of the claimant b'y' an'y' relative, attorney, or agent representing
the claimant.
D. A claim is properly presented to the City Clerk when it is delivered in
person or is received by the City Clerk by regular mail or by registered
mail or certified mail, with return receipt requested
.ES. No action shall be commenced against the city for damages arising
out of tortious conduct until sixty (60) calendar days have elapsed after
the claim has first been presented to and filed with the city council's agent
thereof. The applicable period of limitations within which an action must be
commenced shall be tolled during the sixty (60) calendar day period.
SECTION 2. -Severabilitv. If any one 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 in force thirty (30) days from and after its passage as provided by law.
ATTEST:
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Amend KCC 2.91.010
APPROVED AS TO FORM:
PASSED: ---"---"'-----day of August, 2009.
APPROVED: -----'---day of August, 2009.
I hereby certify that this is a true copy of Ordinance No. """"""'-..L."'-."---"-
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P: \Clvll\Ordlnance\ClalmForm-AmendKCC2. 97 .doc
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Amend KCC 2.91.010