Chapter 3.04
CLAIMS FOR DAMAGES AGAINST CITY*
Sections:
3.04.030 Finance committee referral and report.
3.04.040 Action barred until 60 days after presentation.
* Prior history: Ord. 323; prior code Chapter 1-17.
3.04.010 Presentation.
A. All claims for damages in excess of $15,000 against the city must be presented to the city council and filed with the city clerk. If the claimant is incapacitated from verifying and filing his claim for damages, or the claimant is a minor, then the claim may be verified and presented on behalf of the claimant by any relative or attorney or agent representing the injured person.
B. The city manager is authorized to initially review, accept, reject, modify, or settle claims in the amount of $15,000 or less. However, the city manager shall timely notify the city council of all settled claims. Claims that are rejected will be presented to the city council pursuant to this section. (Ord. 2261 § 1, 1996; Ord. 1652 § 1, 1982)
3.04.020 Contents of claims.
All claims for damages must accurately locate and describe the defect that caused the injury, reasonably describe the injury and state the time when it occurred, give the residence for the six months last past of the claimant, contain the item of damages claimed and be sworn to by the claimant or a relative, attorney or agent of the claimant. (Ord. 1652 § 3, 1982)
3.04.030 Finance committee referral and report.
No ordinance or resolution shall be passed allowing a claim in excess of $15,000 or any part thereof, or appropriating any money or other property to pay or satisfy the same or any part thereof, until the claim has first been referred to the finance committee, nor until such committee has made its report to the council thereon pursuant to such reference. (Ord. 2261 § 2, 1996; Ord. 1652 § 2, 1982)
3.04.040 Action barred until 60 days after presentation.
No action shall be maintained against the city for any claim for damages until the same has been presented to the council and 60 days have elapsed after such presentation. (Ord. 1652 § 4, 1982)