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Ordinance 2006-12ORDINANCE NO. 2006 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 1 OF THE GILROY CITY CODE ENTITLED "GENERAL PROVISIONS" BY ADDING NEW SECTIONS 1.8 THROUGH 1.12, ENTITLED "TORT CLAIM FILING REQUIREMENTS" WHEREAS, the Tort Claims Act, California Government Code section 900 et seq., governs claims against the City of Gilroy ( "City ") for money or damages; and WHEREAS, California Government Code section 935 authorizes local municipalities to specifically require the filing of an administrative tort claim for those tort claims that would otherwise be excluded under California Government Code section 905; and WHEREAS, this ordinance is exempt from the requirements of the California Environmental Quality Act of 1970 ( "CEQA "), as amended, because it does not involve an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 1 of the Gilroy City Code entitled "General Provisions" is hereby amended by adding new Sections 1.8 through 1.12, entitled "Tort Claim Filing Requirements" which shall read as follows: Sec. 1.8 Authority Sections 1.8 through 1.12 are enacted pursuant to section 935 of the California Government Code. Sec. 1.9 Claims Required All claims against the City for money or damages not otherwise governed by the Tort Claims Act, California Government Code section 900 et seq., or another state law (hereinafter in this chapter, "claims ") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with section 900 thereof) for the claims to which that Part applies by 1JHI691213.1 01 -042506- 04706083 Ordinance No. 2006 -12 its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by Sections 1.8 through 1.12. In the event of any conflicts or inconsistencies between the provisions of Section 1.8 through 1.12 and the remaining provisions of any other chapter(s) of the Gilroy City Code, the provisions of Section 1.8 through 1.12 shall control, unless to do so would be inconsistent with the stated purpose of Sections 1.8 through 1.12. 1.10 Form of Claim All claims shall be made in writing and signed by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code section 910. 1.11 Claim Prerequisite to Suit In accordance with California Government Code sections 935(b) and 945.6, all claims shall be presented as provided in Sections 1.8 through 1.12 and acted upon by the City of Gilroy prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of Sections 1.8 through 1.12. 1.12 SUIT Any action brought against the City of Gilroy upon any claim or demand shall conform to the requirements of sections 940 -49 of the California Government Code. Any action brought against any employee of the City of Gilroy shall conform to the requirements of sections 950 -951 of the California Government Code. SECTION II If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. /// 1JH1691213.1 01 -042506- 04706083 -2- Ordinance No. 2006 -12 SECTION III This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 15th day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED 4ert ePinheiro, Ma yor ATTE o Rhonda Pellin, City Clerk \X691213.1 _3- 01 -042506- 04706083 Ordinance No. 2006 -12 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -12 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of May, 2006, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 2nd day of June, 2006. r City Clerk of the City of Gilroy (Seal)