HomeMy WebLinkAbout1617 - ORDINANCES - 8/7/2002 ORDINANCE NO. 1617
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS AMENDING SECTION 3.16.010 - CLAIMS FOR
MONEY OR DAMAGES AND ADDING NEW SECTIONS 3.16.15
AND 3.16.18, AND AMENDING SECTIONS 3.24.150, 3.28.150,
AND 3.32.210 OF THE PALM SPRINGS MUNICIPAL CODE
WHEREAS, the City Charter in Section 909 provides the authority for the
requirement for any claims not governed by the general laws of the State of California to
be presented within ninety (90) days after the occurrence, event or transaction; and
WHEREAS, the courts have interpreted claims against local entities to be a
matter of statewide concern and only subject to local regulation where specifically
provided for by State law; and
WHEREAS, California Government Code 935 provides authority for cities to
adopt claims procedure requirements for claims not specifically covered by state law
while retaining certain time limitations on that control; and
WHEREAS, the current Municipal Code does not consistently refer to the general
claims procedure; and
WHEREAS, reference to a general procedure for claims presentation will add
clarity and ease of use to existing requirements in the Municipal Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 3.16.10 - Claims for money or damages , of Title 3, Revenue and
Finance of the Palm Springs Municipal Code, is hereby amended to read
in its entirety as follows:
3.16.010 Claims for Money or Damages. Pursuant to the authority
granted in Section 935 of the California Government Code, the claims
procedures in this Chapter are established as a prerequisite to bringing
suit against the city or any officer, department, commission or board of
the city, for any claim for money or damages (including claims which
would otherwise be excepted by Section 905 of the Government Code of
California) which is not governed by any other statutes or regulations
expressly relating thereto.
SECTION 2: Sections 3.16.015, 3.16.016 and 3.16.018 of Title 3, Revenue and
Finance of the Palm Springs Municipal Code are hereby added as new
provisions as follows:
3.16.15 Claims Presentation Requirements. All claims for money or
damages shall be presented and acted upon as a prerequisite to suit
thereon. Claims which are required to follow these procedures include
but are not limited to the following:
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I1) Claims for the refund, rebate, exemption, cancellation,
amendment, modification or adjustment of any tax, assessment, fee or
charge or any portion thereof, or of any penalties, costs or charges
related thereto;
(2) Claims, in connection with which the filing of a notice of lien,
statement of claim, or stop notice is required under any provision of law
relating to mechanics', laborers'or materialmen's liens.
(3) Claims by public employees for fees, salaries, wages,
mileage or other expenses and allowances,
(4) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(5) Claims which relate to a special assessment constituting a
specific lien against the property assessed and which are payable from
the proceeds of such an assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(6) Claims by the State or by a state department or agency or by
another local public entity.
3.16.016 Time and Place for Claim Presentations; Council Action.
(a) The presentation time requirements for all claims for money or
damages are those set forth in Government Code Section 911,2, which
requires claims for injury or death to a person to be filed within the 100"
day from the date of the accrual of the cause of action and for all other
claims to be presented not later than one year after the accrual of the
cause of action.
(b) The presentation of the claim shall be by delivery to the City
Clerk either in person or by mail which is received within the above time
requirements.
(c) The claim is subject to the provisions of Government Code
Section 945.6 and Section 946.
(d) The City Council shall take action on a presented claim within
forty-five (45) days after the claim has been presented pursuant to
Government Cade Section 912.4. Any claim not acted upon by the City
Council shall be deemed to have been rejected on the forty-fifth (45")
day.
3.16.018 No Application Regular Course of Business. The above
presentation requirements shall';relate only to the bringing of suit upon
any claim, and shall not be deemed to apply to the authority of the
director of finance and general services, the city council, and other
officers to process and pay, in the ordinary course of business, the just
obligations of the city, such as routine salaries and wages, principal and
interest, on bonds, payments for purchases, and other like expenditures,
for which there is an express budget appropriation, and in connection with
which there is no dispute as to the obligation and amount being
payable.
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SECTION 3. Section 3.24.150 "Refunds" of Title 3, Revenue and Finance of the Palm
Springs Municipal Code, is hereby amended to read in its entirety as
follows:
3.24.150 Refunds. Whenever the amount of any tax, interest or
penalty has been overpaid, or paid more than once or has been
erroneously or illegally collected or received by the City, a claim for refund
may be filed pursuant to the City's claims for money or damages
procedures in Sections 3.16.015 and 3.16,010.
' SECTION 4. Section 3.28.150"Refunds" of Title 3, Revenue and Finance of the Palm
Springs Municipal Code, is hereby amended to read in its entirety as
follows:
3.28.150 Refunds. Whenever the amount of any tax, interest or
penalty has been overpaid, or paid more than once or has been
erroneously or illegally collected or received by the City, a claim for refund
may be fled pursuant to the City's claims for money or damages
procedures in Sections 3.16.015 and 3.16.016.
SECTION 5. Section 3,32.210 "Refunds" of Title 3, Revenue and Finance of the Palm
Springs Municipal Code, is hereby amended to read in its entirety as
follows:
3.32.210 Refunds.
(a) Whenever the amount of any tax, interest or penalty has
been overpaid, or paid more than once or has been erroneously or
illegally collected or received by the City, a claim for refund may be filed
pursuant to the City's claims for money or damages procedures in
Sections 3.16.015 and 3,16.016.
(b) Notwithstanding any other provisions of this section,
whenever a service supplier, pursuant to an order of the California Public
Utilities Commission or a court of competent jurisdiction, makes a refund
to service users of charges for past utility service,the taxes paid pursuant
to this chapter on the amount of such refunded charges shall also be
refunded to service users by the service supplier, and the service supplier
shall be entitled to claim a credit for such refunded taxes against the
amount of taxes which is due upon the next monthly return. In the event
this chapter is repealed, amounts of any refundable taxes will be borne by
the city. (Ord. 1272 §10, 1986; Ord. 1268 §1 (part), 1986).
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SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify
to the passage of this Ordinance„ and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law:
ADOPTED this 7th day of August ,2002. '
AYES: Counciliuembers Hodges, Mills, Oden, Reller—Spurgin and Mayor Rleindienst
NOES: None
ABSENT: None
ABSTAIN: None
City Cler Mayor
REVIEWED AND APPROVED
I HEREBY CERTIFY that the foregoing ;Ordinance N0.1617 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting held on the
7th day of August 2002 and was published)in the Public RecoRd newspaper of
general circulation on August 20 2002.
PATRICIA A. SANDERS '
City Clerk
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