09-56 RESOLUTION NO. 09-56
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MENIFEE DELEGATING TO THE CITY MANAGER
THE AUTHORITY TO RESPOND TO CLAIMS OF
$50,000 OR LESS
WHEREAS, tort claims against the City are governed by the California Tort
Claims Act (Govt. Code Section 900 et seq); and
WHEREAS, the Menifee Municipal Code makes other claims subject to the Tort
Claims Act as well; and
WHEREAS, Govt. Code Section 935.4 of the Tort Claims Act provides that the
City may, by resolution or ordinance, delegate to the City Manager the authority to deny
or to pay, in whole or part, tort and other claims against the City in an amount which
does not exceed $50,000 in the same manner as would the City Council; and
WHEREAS, cities often receive a number of smaller claims for under $50,000
which may be handled by the City Manager and reported to the City Council.
NOW, THEREFORE, the City Council of the City of Menifee does resolve as
follows:
1. The City Council hereby authorizes the City Manager to deny, allow,
compromise or settle tort claims and other claims made subject to the Tort Claims Act by
City ordinance when such claim (or the settlement or compromise thereof) does not
exceed $50,000, and thereafter to report such action to the City Council.
2. Such actions shall be taken in the same manner and using the same forms
and procedures as the City Council would use and as are set out in the Tort
Claims Act.
PASSED, APPROVED and ADOPTED this 17th day of February, 2009.
Wallace W. Edgerton, gayor
ATTEST: APPROVED AS TO FORM:
Ka by l8ennett Elizateth Martyn
City Clerk City Attorney
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