Chapter 3.06
CLAIMS PROCEDURE
Sections:
3.06.010 Filing of claims – Content.
3.06.020 Invalid claim – Action prohibited.
3.06.040 Reporting claim settlement to council.
3.06.050 Repealed.
3.06.070 Payment by check – Public depository.
3.06.010 Filing of claims – Content.
(a) All claims for damages against the city shall be filed with the city clerk. The city clerk shall immediately forward copies of such claims to the city manager, city attorney, the city’s designated risk manager and the city’s insurance carrier.
(b) All such claims for damages shall be filed on forms provided by the city, and shall accurately state the time, place, source, nature and extent of the alleged damage, and give the actual residence of the claimant by street and number at the date of presenting such claim, and for six months immediately prior to the time such claims for damages accrued, and shall be verified by affidavit of the claimant, or such other person as may be authorized by law to verify such claims to the effect that the same is true.
(c) No action shall be maintained against the city for any claim for damages until the claim has been properly presented to the city as provided in this section. The omission to present any claim for damages against the city in the manner or within any time limits provided by law shall be a bar to any action against the city therefor. (Ord. 1450 § 1, 2008; Ord. 1009 § 1, 1992).
3.06.020 Invalid claim – Action prohibited.
Neither the city council nor any department or officer shall allow, make valid or in any manner recognize any demand against the city which was not at the time of its creation a valid claim against the city; nor shall they, or any of them, allow or authorize to be paid any demands which, without such action, would be invalid or which would have been barred by any statute of limitations, or for which the city was never liable. (Ord. 1009 § 2, 1992).
3.06.030 Claims adjustment.
All claims for damages against the city of Fircrest must be filed with the city clerk. Upon receipt of a claim, the city clerk shall immediately distribute copies to the city manager, the appropriate department director and the city attorney. The city clerk shall coordinate the investigation and review of the claim in conjunction with the Cities Insurance Association of Washington. (Ord. 1450 § 2, 2008; Ord. 1009 § 3, 1992).
3.06.040 Reporting claim settlement to council.
The city’s designated risk manager shall report to the city council the approval, denial or other settlement of any claim. (Ord. 1450 § 3, 2008; Ord. 1009 § 4, 1992).
3.06.050 Appeals.
Repealed by Ord. 1450. (Ord. 1009 § 5, 1992).
3.06.060 Severability.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 1009 § 6, 1992).
3.06.070 Payment by check – Public depository.
From and after January 1, 2012, pursuant to RCW 35A.40.020, payment of claims or obligations of the city shall be by check. The qualified public depository whereon such checks are to be drawn shall be Columbia Bank located at 2401 Mildred Street West, Fircrest, Washington 98466. The city officers authorized to sign checks are the city manager, finance director, accountant I and accountant II, with two of the previous four signatures required. (Ord. 1519 § 1, 2011).