Ord 2001-3911
ORDINANCE NO. 39
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ESTABLISHING A LOCAL CLAIMS PROCEDURE
WHEREAS, California Government Code Section 905 et sec. establishes a
state -wide claims statute which requires that a claim be presented to the governing
body of a government agency before litigation may be filed to recover the sums
claimed; and
WHEREAS, the state -wide scheme excludes certain types of claims from the
claims filing requirements, such as contract claims; and
WHEREAS, Government Code Sections 935 -935.4 provide that local
agencies may adopt claims filing requirements for claims not covered by the state
claim filing requirement; and
WHEREAS, the Board of Directors desires to adopt such a claims
requirement;
NOW, THEREFORE, the Board of Directors does hereby ORDAIN as
follows:
Section 1. That Chapter 1.05 is hereby added to the District Operations
Code to read:
"Chapter 1.05
Claims Procedure
1.05.010 Statutory Authority. The provisions of this Chapter recognize
that the general claims procedures applicable to local public agencies, including this
District, are governed by the provisions of Chapter 1 of Division 3.6 of the
Government Code of the state, commencing with Section 900 and following.
1.05.020 Special Claims Procedure for Contracts and Other Claims.
(a) Pursuant to the authority contained in Section 935 of the Government
Code of the state, the following claims procedures are established for those claims
against the District for money or damages not now governed by state or local laws.
(b) Notwithstanding the exemptions set forth in Section 905 of the
Government Code of the state, all claims against the District for damages or money,
when a procedure for processing such claims is not otherwise provided by state or
local laws, shall be presented within the time limitations and in the manner
prescribed by Sections 910 through 915.2 of the Government Code of the state.
Such claims shall further be subject to the provisions of Section 945.4 of the
Government Code of the state relating to the prohibition of suits in the absence of
the presentation of claims and action thereon by the Board.
1.05.030 Filin . All claims or demand against the District shall be filed
with the District Clerk and shall be presented by the District Clerk to the Board for
approval or rejection, whether in whole or in part, if such presentation is required by
law."
Section 2. Should any part, clause or section of this Ordinance be declared
by any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any
portion thereof and that the invalidity of any part or provision hereof shall not in any
way affect the validity or enforcement of the remaining provisions of this Ordinance
that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3,
the Clerk shall cause this ordinance or a summary thereof to be published in a
newspaper of general circulation printed and published in the District according to law
and it shall take effect upon the expiration of one week after publication.
PASSED and ADOPTED this day of &LII( � 2001.
2
Sacra tart'
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance No. 39, was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the
day of e- Ct,,,i✓ 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the Costa Mesa Sanitary District, this flt�L day of t�er�hr�
2001..
Clerk of a Costa Mesa unitary District