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ft 3 9 <br /> • <br /> 1 ORDINANCE NO. Sok 6 <br /> 2 <br /> 3 AN ORDINANCE proposing an amendment to Section 15.4 of the Everett <br /> City Charter, adopted June 25, 1968, to modify the procedure for <br /> 4 submitting claims against the City in conformance with State law <br /> and submitting said proposed amendment for ratification by the <br /> 5 electors of the City of Everett. <br /> 6 <br /> WHEREAS, Section 15.4 of the Everett City Charter presently requires that all <br /> 7 <br /> tort claims against the City shall be submitted within 120 days of the date the damage <br /> 8 or injury was sustained; and <br /> 9 WHEREAS, the Washington State Supreme Court has ruled that time limitations on <br /> claims against the City for lesser periods than the statutory statute of limitations are <br /> 10 <br /> unconstitutional; and <br /> 11 WHEREAS, the City Council finds that the City should require submission of <br /> 12 claims to the City prior to bringing legal actions against the City which procedure has <br /> been held to be constitutional. <br /> 13 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 14 Section 1: Section 15.4 of the Everett City Charter which reads as follows: <br /> 15 "All claims for damages or injuries against the city arising out of tortious <br /> conduct shall be presented in writing and filed with the clerk of the City <br /> 16 of Everett within 120 days from the date that the damage occurred or the <br /> injury was sustained. Such claims shall accurately state the time, place, <br /> 17 source, nature and extent of the alleged damage or injuries and give the <br /> actual residence of the claimant by street and number at the date of <br /> 18 presenting such claim and for six (6) months immediately prior to the time <br /> such claim for damages accured, and shall be verified by affidavit of the <br /> 19 claimant, or such other person as may be authorized by law to verify such <br /> claims to the effect that the same is true. No action shall be maintained <br /> 20 against the city for any claim for damages until sixty (60) days have <br /> elapsed after such presentation. The omission to present any such claim <br /> 21 in the manner or within the time in this section provided shall be a bar to <br /> any action against the city therefor. Neither the council, nor any <br /> 22 department, board, officer, or authority, shall allow, make valid, or in any <br /> manner recognize any demand against the city which was not as the time <br /> 23 of its creation a valid claim against the city; nor shall they or any of them <br /> ever allow or authorize to be paid any demand which, without such action, <br /> 24 would be invalid or which shall have been barred by any statute of <br /> limitations, or for which the city was never liable; and any such action <br /> 25 shall be null and void." <br /> 26 is recommended to be changed to: <br /> 27 "All claims for damages or injuries against the City arising out of tortious <br /> 28 conduct shall be presented in writing and filed with the clerk of the City <br /> of Everett. Such claims shall accurately state the time, place, source, <br /> 29 nature and extent of the alleged damage or injuries and give the actual <br /> residence of the claimant by street and number at the date of presenting <br /> 30 such claim and for six (6) months immediately prior to the time such <br /> claim for damages accrued, and shall be verified by affidavit of the <br /> 31 claimant or such other person as may be authorized by law to verify such <br /> claims to the effect that the same is true. No action shall be commenced <br /> 32 <br />