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08 Repealing and Replacing 3.16.010.2 Claims Against the Town TOWN OF TRUCKEE California ORDINANCE 2011 -08 AN ORDINANCE OF THE TOWN OF TRUCKEE REPEALING AND REPLACING SECTION 3.16.010.2 OF THE TOWN MUNICIPAL CODE REGARDING CLAIMS AGAINST THE TOWN The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Section 3.16.010.2 of the Town Municipal Code is hereby amended to read as follows: "Section 3.13.010.2 Other Claims (a) Authority. This ordinance is enacted pursuant to Section 935 of the California Government Code. (b) Claims Required. All claims against the Town for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this ordinance, "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 its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this ordinance. (c) Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by California Government Code Section 910. The foregoing reference to Government Code Section 910 shall not be construed to authorize a class claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class. (d) Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the Town 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 subdivisions (b) and (c) of this section. (e) Suit. Any action brought against the Town upon any claim or demand shall conform to the requirements of Sections 940 -949 of the California Government Code. Any action brought against any employee of the Town shall conform with the requirements of Section 950 -951 of the California Government Code." Section 2. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 3. Effective Date; Transitional Clause. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. However, any claim that would have been timely if presented on the day before this Ordinance becomes effective which claim would be untimely under the requirements of the this Ordinance may, notwithstanding this Ordinance, be presented not later than the 45'" day after the adoption of this Ordinance. Section 4. Certification. The Town Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published according to law. The foregoing Ordinance was introduced at a regular meeting of the Truckee Town Council held on the 6`h day of October 2011, and adopted at a regular meeting of the Truckee Town Council, on the 20th day of October; Vice Mayor deRyk Jones, moved for the adoption, the motion was seconded by Council Member Green, and was carried by the following vote: AYES: Council Members: Green, Brown, Wallace Dee, Vice Mayor deRyk Jones, and Mayor Anderson. NOES: None. ABSENT: None. ' IN / 1 Richard Anderson, Mayor ATTEST: APPROVED AS TO FORM: Gl 40, :1, `mil f� Jud Price, ilj C, Town Clerk Dennis Crabb, Town Attorney 1