Ord 91-088
ORDINANCE NO.
91-88
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ESTABLISHING A CITY CLAIMS PROCESS.
WHEREAS, as a non-charter code city, the City of Federal
Way is endowed with all applicable rights,
powers,
privileges,
duties and obligations of non-charter code cities as set forth in
Title 35A of the Revised Code of Washington; and
WHEREAS, RCW 35.31.030 requires that claims for damages
must be filed with the city Clerk at least sixty (60) days prior to
the filing of a lawsuit in Superior Court against the city; and
WHEREAS, a claims filing process serves the important
function
of
fostering
timely,
inexpensive
settlement
of
tort
claims; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY
ORDAINS AS FOLLOWS:
section 1.
A City claims process is adopted by the City
of Federal Way as contained herein.
Section 2.
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,
the claimant's address, the date and location of the
claimed loss, any alleged act or omission on the part of the City
and the basis upon which liability is being asserted against the
City, any known witnesses, the nature and extent of the injury or
damage sustained, and the amount being claimed.
All claims must be
COpy
signed by the claimant and notarized prior to filing.
Section 3.
Once the claim is properly filed with the
City Clerk,
it
shall
be distributed to
the Finance
Director,
appropriate
Department
Directors
and
the
city
Attorney.
As
necessary,
the
Finance
Director
shall
coordinate
further
distribution and review.
section 4.
A lawsuit based upon the allegations of a
Claim for Damages may not be instituted against the City within
sixty (60) days of the filing of such claim, unless the applicable
statute of limitations will expire within that period of time.
The
requirements of this section shall not affect in any manner the
commencement and running of any applicable statute of limitations.
section 5.
Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and affirmed.
Section
6.
Severabilitv.
The provisions
of this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of its
application to other persons or circumstances.
section 7.
Effective Date.
This ordinance shall be
effective
five
(5)
days
after
passage
and
publication
of
an
approved summary of this ordinance.
-2-
day of
PASSED by the City Council of the City of Federal Way,
this
19th
Februarv
ATTEST:
/ ~-
,4~ .~~
~/CITY CLERK-¡--MAURE N M. SWhNEY, CMC
, 1991.
Qd,~ - ~
MAYOR, DEBRA ERT L
FILED WITH THE CITY CLERK: February 1, 1991
PASSED BY THE CITY COUNCIL: February 19, 1991
PUBLISHED: February 22, 1991
EFFECTIVE DATE: February 27, 1991
ORDINANCE NO. 91-88
90L180
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