Chapter 3.24
CLAIMS AGAINST CITY
Sections:
3.24.010 Claims for damages—Presentation.
3.24.030 Accident fund tax levy.
3.24.040 Transfer of accident fund surplus.
3.24.010 Claims for damages—Presentation.
All claims for damages against the city must be presented to the city council and filed with the city clerk/treasurer within the applicable period of limitations within which an action must be commenced. All claims for damages arising out of tortious conduct must locate and describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose. If the claimant is incapacitated from verifying, presenting, and filing the claim in the time prescribed, or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed, the claim may be verified, presented, and filed on behalf of claimant by any relative, attorney or agent representing the claimant. No action shall be commenced against the city for damages arising out of tortious conduct until sixty days has elapsed after the claim has first been presented to and filed with the city, as provided herein. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty-day period. (Ord. 635 § 1, 1998: Ord. 36 § 1, 1971)
3.24.020 Accident fund.
There is created an accident fund upon which the city clerk/treasurer shall draw warrants for the full amount of any judgment, including interest and costs, against the city on account of personal injuries or property damage suffered by any person as shown by a transcript of the judgment, duly certified to the city clerk/treasurer. Warrants upon said fund shall be issued in denominations not less than one hundred dollars nor more than five hundred dollars, they shall draw interest at the rate of six percent per year, shall be numbered consecutively and be paid in the order of their issue. (Ord. 36 § 2, 1971)
3.24.030 Accident fund tax levy.
After warrants have been drawn against the accident fund, the city council, at the next budget hearing, shall estimate the amount necessary to pay the warrants with accrued interest thereon, and shall levy a tax sufficient to pay that amount, not exceeding a levy of seventy-five cents per thousand dollars of assessed valuation. If a single levy of seventy-five cents per thousand dollars of assessed value is not sufficient, and if other moneys are not available therefor, an annual levy of seventy-five cents per thousand dollars of assessed value shall be made until the warrants and interest are fully paid. (Ord. 635 § 2, 1998: Ord. 36 § 3, 1971)
3.24.040 Transfer of accident fund surplus.
If there are no judgments outstanding against the city for personal injuries or property damage, any money remaining in the accident fund after the payment of warrants drawn on that fund and interest thereon in full shall be transferred to the current expense fund. (Ord. 36 § 4, 1971)