The Chapter is enacted pursuant to Section 935 of the California
Government Code.
(Ord. 4 § 1, 1967; Ord. 494 § 1, 2001)
All claims against the City for money or damages not otherwise governed by the Tort Claims Act, California
Government Code Sections 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 the 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 Chapter.
(Ord. 4 § 2, 1967; Ord. 494 § 1, 2001)
In accordance with California
Government Code Section 935(b),
all claims shall be presented as provided in this Section and acted
upon by the City Council 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 this Chapter. If the City Council
refuses or neglects to allow or reject a claim for 45 days after it
is filed with the City Clerk, the claimant may treat such refusal
or neglect as final action and rejection on the forty-fifth day.
All claims shall be made in writing and verified 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 verified
by every member of that class as required by this Section. No City
officer shall, except for his own service, present any claim, account
or demand for allowance against the City, or in any way, except in
the discharge of his official duty, advocate the relief asked in the
claim or demand made by any other person.
(Ord. 4 § 3, 1967; Ord. 494 § 1, 2001)
Any action brought against the City of Indian Wells 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 City of Indian Wells shall conform to the requirements
of Sections 950—951 of the California
Government Code.
(Ord. 4 § 4, 1967; Ord. 463 § 1, 1999; Ord. 494 § 1, 2001)