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Ord 2112 - Adding Division II to Chapter 1 of the Town of Los Gatos Municipal Town Code regarding claims against the Town of Los GatosORDINANCE 2112 ORDINANCE ADDING DIVISION H TO CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL TOWN CODE REGARDING CLAIMS AGAINST THE TOWN OF LOS GATOS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Chapter 1 of the Los Gatos Town Code is amended by adding Division II, section 1.20.010 through 1.20.030 is hereby added to the Town of Los Gatos Municipal Town Code to read as follows: Division II Claims Against the Town 1.20.010 Authority. This Division is enacted pursuant to section 935 of the California Government Code. 1.20.015 Claims Required. All claims against the Town 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 division, "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 Division. 1.20.020 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. 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. In addition, all claims shall contain the information required by California Government Code section 910. 1 1.20.025 Claim Prerequisite to Suit In accordance with California Government Code section 935(b) and 945.6, all claims shall be presented as provided in this Chapter and acted upon by the Town 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. 1.20.030 Suit Any action brought against the Town of Los Gatos upon any claim or demand shall conform to the requirements of section 940 -949 of the California Government Code. Any action brought against any employee of the Town of Los Gatos shall conform with the requirements of section 950 -951 of the California Government Code. SECTION II If any of the provisions of this ordinance or the application thereof to any person or property is held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION III Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be commenced within 90 days after adoption of this ordinance 2 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on June 2, 2003 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on June 16, 20003. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None SIGNED: YOR O THE TOWN OF LOS GATOS OS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS ATOS LOS GATOS, CALIFORNIA 3