Ordinance No. 1010
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ORDINANCE NO. 1010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 VERNON AMENDING SECTION 2.10-1 OF THE CODE OF THE
CITY OF VERNON PERTAINING TO CLAIMS AND DEMANDS
3 AGAINST THE CITY OF VERNON
4 WHEREAS, Title 1, Division 3.6, Part 3 of the Government
5 Code of the State of California (beginning with section 900) sets
6 forth procedures for filing claims and actions against public
7 entities; and
8 WHEREAS, Government Code section 905 thereof exempts by
9 category certain types of claims for which need not be presented to
lO the public entity pursuant to said Government Code provisions; and
II WHEREAS, Government Code section 935 provides that claims
l2 exempted by Government Code section 905 shall be governed by an
l3 ordinance of the local public entity; and
l4 WHEREAS, Government Code section 935 provides that such an
l5 ordinance may also require that a claim be presented and acted upon
l6 as a prerequisite to any legal action thereon; and
l7 WHEREAS, section 2.10-1 of the Vernon City Code as it is
l8 now written requires that all claims for money or damages be
19 presented in accordance with Government Code section 900, et seq,
20 but does not specifically mention the exemptions listed in
2l Government Code section 905; and
22 WHEREAS, the City Attorney has recommended that section
23 2.10-1 of the Vernon City Code be amended to specifically mention
24 Government Code Section 905 and to list those categories of claims
25 which are most likely to be filed against the City of Vernon without
26 limitation regarding other types of claims which are now listed or
27 may hereafter be listed in Government Code section 905, it being the
28 intent of this ordinance to cover all such categories; and
1 WHEREAS, it is the intent of this amendment to clarify the
2 existing section 2.10-1 of the Vernon city Code and not to change
3 the purpose of said code section which was intended to be and is
4 hereby found to have been all-inclusive.
5 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
6 FOLLOWS:
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9 true and correct.
lO SECTION 2: The City council of the City of Vernon hereby
II amends Chapter 2, Article III of the Vernon City Code by amending
l2 Section 2.10-1 to read as follows:
l3 Sec. 2.10-1 Claims; procedures
l4 (a) All claims for money or damages against the City which
15 are exempted by Government Code Section 905 (as it now
l6 exists or is hereafter amended) from the claims procedure
l7 in Title 1, Division 3.6, Part 3 of the Government Code are
l8 specifically made subject to this claims procedure pursuant
19 to Government Code section 935.
20 (b) All such claims shall be presented and acted upon
21 within the same time limitations and in the same manner
22 prescribed by Chapter 1 of Title 1, Division 3.6 of the
23 Government Code (commencing with section 900, but excluding
24 section 905) and Chapter 2 thereof (commencing with section
25 910) .
26 (c) Without limitation to subsection (a) above, such
27 claims shall include, but not be limited to:
28 (i) Claims in connection with which the filing of a
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
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notice of lien, statement of claim, or stop notice is
required under any provision of law relating to
mechanics', laborers' or materialmen's liens.
(ii) Claims by public employees for fees, salaries,
wages, mileage or other expenses and allowances.
(iii) Claims for which the worker's compensation
authorized by Division 4 (commencing with section
3201) of the Labor Code is the exclusive remedy.
(iv) Applications or claims for any form of public
assistance under the Welfare and Institutions Code or
other provisions of law relating to public assistance
programs, and claims for goods, services, provisions
or other assistance rendered for or on behalf of any
recipient of any form of public assistance.
(v) Applications or claims for money or benefits
under any public retirement or pension system.
(vi) Claims for principal or interest upon any bonds,
notes, warrants, or other evidences of indebtedness.
(vii) 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.
(viii) Claims by the state or by a state department
or agency or by another local public entity.
(ix) Claims arising under any provision of the
Unemployment Insurance Code, including but not limited
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1 to claims for money or benefits, or for refunds or
2 credits of employer or worker contributions,
3 penalties, or interest, or for refunds to workers of
4 deductions from wages in excess of the amount
5 prescribed.
6 (x) Claims for the recovery of penalties or
7 forfeitures made pursuant to Article 1 (commencing
8 with Section 1720) of Chapter 1 of Part 7 of Division
9 2 of the Labor Code.
lO (d) As a prerequisite to bringing suit against the City of
II Vernon on any claim for money or damages subject to this
l2 Article, a claim must be filed within the time limitations
l3 and in the manner prescribed herein.
l4 SECTION 3: Any ordinance, part of an ordinance, or code
l5 section in conflict with this Ordinance is hereby repealed.
l6 SECTION 4: If any section, subsection, sentence, clause,
l7 or phrase or word of this ordinance is for any reason held to be
l8 void or unconstitutional, such decision shall not affect the
19 validity of the remaining portions of this ordinance; it being the
20 intention of the City Council of the City of Vernon to adopt and
2l pass this ordinance and each section, subsection, sentence, clause
22 or phrase thereof may be declared void or unconstitutional.
23 SECTION 5: There being no newspaper printed, published or
24 circulated in the City of Vernon, the City Clerk is hereby directed
25 to certify to the passage of this ordinance and shall post the same,
26 or cause the same to be posted, within fifteen (15) days after its
27 passage in accordance with Section 36933 of the Government Code, in
28 three (3) of the most public places in the City of Vernon, to wit:
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1 the northwest corner of 38th street and Santa Fe Avenue, the
2 northeast corner of Leonis Boulevard and Pacific Boulevard, and on
3 the bulletin board in the lobby of the City Hall of said city,
4 located at 4305 Santa Fe Avenue, all in the City of Vernon, County
5 of Los Angeles, State of California.
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SECTION 6 :
This ordinance shall be in full force and
7 effect thirty (30) days from and after its passage of the same
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APPROVED AND ADOPTED this ~ day of October , 1992.
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~ LEONIS C. MALB RG, May .
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BRU E V. MALKENHORST, City Clerk
II ATTEST:
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance No.
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1010, was duly and regularly introduced at a regular meeting of the
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City Council of the city of Vernon, held on Tuesday, October 6,
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1992, and thereafter finally adopted at a regular meeting of said
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City Council held on Tuesday,
October 20
, 1992, and thereafter was
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duly signed by the Mayor of the city of Vernon, by the following
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vote:
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( SEAL)
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AYES:
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Councilmen: Malburg, Ybarra, Davis,
Gonzales, McCormick
NOES:
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Councilmen: None
ABSENT:
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Councilmen: None .. ~ j/
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BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF VERNON
I, GLORIA J. OROSCO, CHIEF DEPUTY CITY CLERK of the
City of Vernon, do hereby certify that I did, on the 22nd day
of October, 1992 have posted three (3) copies of:
ORDINANCE NO. 1010
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Boulevard and Pacific Boulevard; and on the bulletin
board in the lobby of the City Hall of the City of Vernon,
located at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the
City of Vernon.
Date: October 22, 1992
Clerk
Subscribed and sworn to before me
this -:X'd..~ day of (')c-\:c'~R , 1992.
s-f2~",- -2Q~cQ,-~-&
Notary Public in and for the County
of Los Angeles, State of California
:pstngafd
OFFICIAL SEAL
SHARON l. DUCK\NOI<TH
Notary Public-California
LOS ANGELES COUNTY
My Commission Expires
June 9. 1995