Loading...
(a) All requests by claimants for waiver of the statute of limitations by the Board of Supervisors shall be in writing and shall be filed with the Controller.
(b) Every claimant requesting such waiver shall pay a fee to the Controller in an amount to be established as hereafter provided.
(c) The Board of Supervisors shall determine and fix by resolution the fee to be paid by claimants requesting such waiver. Fees so fixed shall remain effective until new fees are established as hereafter provided.
Annually, on or before the fifteenth day of May of each year, the Controller shall determine and report to the Board of Supervisors an estimate of the costs to be incurred by departments, boards and commissions of the City and County, including the cost of publication of any ordinance or resolution in the official newspaper, in processing said requests for the ensuing fiscal year. The Board of Supervisors may thereupon by resolution revise the amount of the fee heretofore fixed.
All fees collected and retained pursuant to the terms of this Section shall be applied in defraying the costs of processing said requests.
(d) Upon the denial of any such request, the claimant shall be entitled to a refund of any fee paid pursuant to this Section upon application to the Controller.
(Added by Ord. 61-69, App. 2/17/69; amended by Ord. 314-00, File No. 001909, App. 12/28/2000)
(Added by Ord. 67-90, App. 2/22/90; amended by Ord. 392-97, App. 10/17/97; amended and renumbered as Sec. 10.21 by Ord. 314-00, File No. 001909, App. 12/28/2000)
The City Attorney or staff member of the Office of the City Attorney designated by the City Attorney may adjust, pay and settle any claim, judgment (together with allowable costs as approved by the court) or demand made prior to its presentment as a claim where the amount of the adjustment or settlement does not exceed $25,000.
(Formerly Sec. 10.20-9; added by Ord. 67-90, App. 2/22/90; amended by Ord. 392-97, App. 10/17/97; amended and renumbered by Ord. 314-00, File No. 001909, App. 12/28/2000. Former Sec. 10.21 was repealed by Ord. 314-00)
Any unlitigated claim against the City and County in excess of $25,000 may be allowed or settled and compromised on the written recommendation of the head of the department or of the board or commission in charge of the department against which the claim is made, with the written approval of the City Attorney and the approval of the Board of Supervisors by resolution. No claim shall be paid until the Controller shall certify that monies are available from the proper funds or appropriations to pay the claim as allowed or as compromised and settled.
(Amended by Ord. 103-86, App. 3/28/86; Ord. 392-97, App. 10/17/97; amended by Ord. 314-00, File No. 001909, App. 12/28/2000)
The City Attorney may settle a minor's claim in an amount not to exceed $5,000.00 by accepting a hold harmless agreement from the minor's parent or other responsible guardian in lieu of Superior Court approval and release pursuant to Probate Code Section 3500 or any successor legislation. The Controller is authorized to make payment upon receipt of such hold harmless agreement or a copy thereof.
(Amended by Ord. 210-76, App. 6/25/76; Ord. 38-07, File No. 061439, App. 3/9/2007; Ord. 27-08, File No. 071299, App. 3/10/2008)
Any litigated claim may be compromised and settled with the written approval of the City Attorney or a staff member of the Office of the City Attorney, designated by the City Attorney, where the amount of such compromise or settlement is not in excess of $25,000.00, provided such settlement has been approved by the head of the department which has jurisdiction over the matter. No payment by way of compromise and settlement authorized by this Section shall be made until the Controller shall certify that monies are available from the proper funds or appropriations to pay such compromise and settlement. The City Attorney shall submit, on a monthly basis, a report to each City department and commission and the Board of Supervisors listing litigation settled for an amount not in excess of $25,000.00 during that month. Said reports shall list each litigation by amount demanded, amount paid, nature of incident giving rise to the litigation and the city department involved.
(Amended by Ord. 103-86, App. 3/28/86; Ord. 140-90, App. 4/27/90; Ord. 77-91, App. 3/5/91; Ord. 392-97, App. 10/17/97; Ord. 314-00, File No. 001909, App. 12/28/2000)
Loading...