ORD 09-639ORDINANCE NO. 09-639
AN ORDINANCE of the City of Federal Way, Washington, relating to
claims against the city; amending FWRC 1.20. (Amending Ordinance No.
91-88)
WHEREAS, the Federal Way Revised Code ("FWRC")1.20 sets forth the requirements for
notifying the City of a claim for damages; and
WHEREAS, the Washington State Legislature modified State Law specifying the necessary
information and format for a claim for damages; and
WHEREAS, the City Council of Federal Way finds it in the best interest of the citizens to
modify the Federal Way Revised Code to comply with State Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 1.20 is hereby amended to read as follows:
1.20.010 Notice of claim.
No action for monetary damages against the city shall be commenced until a written claim for
damages has been properly presented and filed with the city clerk's office on a form provided by the
clerk. The claim must specify the name of the claimant date of birth; contact information;
description of conduct that brought about the injury or damage; description of injury or damage;
statement of time and place that the injury or damage occurred; list of names of al persons involved
and contact information, if known; statement of the amount of damages claim; and statement of
actual residence of the claimant at the time of presenting the claim and at the time the claim arose,
Ordinance No.09-639 Page 1 of 4
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All claims must be notarized and signed by� the claimant verifying the claim, (2) a person with
power of attorney for the claimant, (3) by the attorney in fact for the claimant, (4) an attorney
licensed to practice in Washington on behalf of the claimant, or (5) by a court-approved guardian or
guardian ad litem on behalf of the claimanta��� prior to filing the claim for damages with
the city clerk.
(Ord. No. 91-88, 2, 2-19-91. Code 2001 2-156.)
1.20.020 Distribution, review of claim.
Once the claim is properly filed with the city clerk, it shall be distributed to the city manager, �sg
�s�e� appropriate department directors and the city attorney. As necessary, the city attorney
�ii��gs�e� shall coordinate further distribution and review.
(Ord. No. 91-88, 3, 2-19-91. Code 2001 2-157.)
1.20.030 Statute of limitations.
A lawsuit based upon the allegations of a claim for damages may not be instituted against the city
within 60 days of the filing of such claim, �•r�°°° *�A °r^';^°�'° °*°fi,+° ^�';m;+°*;^^° °°^;r°
�_�;+�,;r r°r^,� ^f+;mp. The applicable period of limitations within which an action must be
commenced shall be tolled durin� the sixty calendar day period. For purposes of the applicable
period of limitations, an action commenced within five court days after the sixty calendar day period
has elapsed is deemed to have been presented on the first day after the sixty calendar day period has
elapsed.
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Ordinance No.09-639 Page 2 of 4
(Ord. No. 91-88, 4, 2-19-91. Code 2001 2-158.)
Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereta
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 15th day of December, 2009.
CITY OF FEDERAL WAY
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Ordinance No.09-639 Page 3 of 4
ATTEST:
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CITY CLERK, CAROL M NEILLY
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 09-639
11/24/2009
12/15/2009
12/19/2009
1/18/2010
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