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TOWN OF TRUCKEE <br /> California <br /> ORDINANCE 2011 -08 <br /> AN ORDINANCE OF THE TOWN OF TRUCKEE <br /> REPEALING AND REPLACING SECTION OF THE TOWN <br /> MUNICIPAL CODE REGARDING CLAIMS AGAINST THE TOWN <br /> The Town Council of the Town of Truckee Does Ordain as Follows: <br /> Section 1. Section of the Town Municipal Code is hereby amended to read <br /> as follows: <br /> "Section Other Claims <br /> (a) Authority. This ordinance is enacted pursuant to Section 935 of the California <br /> Government Code. <br /> (b) Claims Required. All claims against the Town for money or damages not otherwise <br /> governed by the Government Claims Act, California Government Code Sections 900 et <br /> seq., or another state law (hereinafter in this ordinance, "claims ") shall be presented <br /> within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the <br /> California Government Code (commencing with Section 900 thereof) for the claims to <br /> which that Part applies by its own terms, as those provisions now exist or shall hereafter <br /> be amended, and as further provided by this ordinance. <br /> (c) Form of Claim. All claims shall be made in writing and verified by the claimant or by his <br /> or her guardian, conservator, executor or administrator. In addition, all claims shall <br /> contain the information required by California Government Code Section 910. The <br /> foregoing reference to Government Code Section 910 shall not be construed to <br /> authorize a class claim, and no claim may be filed on behalf of a class of persons unless <br /> verified by every member of that class. <br /> (d) Claim Prerequisite to Suit. In accordance with California Government Code Sections <br /> 935(b) and 945.6, all claims shall be presented as provided in this section and acted <br /> upon by the Town prior to the filing of any action on such claims and no such action may <br /> be maintained by a person who has not complied with the requirements of subdivisions <br /> (b) and (c) of this section. <br /> (e) Suit. Any action brought against the Town upon any claim or demand shall conform to <br /> the requirements of Sections 940 -949 of the California Government Code. Any action <br /> brought against any employee of the Town shall conform with the requirements of <br /> Section 950 -951 of the California Government Code." <br /> Section 2. Severability. Should any provision of this Ordinance, or its application to <br /> any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, <br /> unenforceable or otherwise void, that determination shall have no effect on any other provision <br /> of this Ordinance or the application of this Ordinance to any other person or circumstance and, <br /> to that end, the provisions hereof are severable. <br /> Section 3. Effective Date; Transitional Clause. This Ordinance shall take effect thirty <br /> days after adoption as provided by Government Code Section 36937. However, any claim that <br /> would have been timely if presented on the day before this Ordinance becomes effective which <br /> claim would be untimely under the requirements of the this Ordinance may, notwithstanding this <br /> Ordinance, be presented not later than the 45'" day after the adoption of this Ordinance. <br />