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