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SMS — 07/29/15 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A GOVERNMENT TORT CLAIMS PROCEDURE WHEREAS, the City of Santa Ana is a charter city and municipal corporation organized under the laws of state of California; WHEREAS, the California Tort Claims Act (commencing with Section 900) of the California Government Code governs the manner in which a local public entity must handle claims for money or damages filed against it; WHEREAS, the City Council for the City of Santa Ana, desires that the Government Tort Claims Procedure set forth in the California Tort Claims Act be the City's Tort Claims Policy and Procedure; WHEREAS, the City Council for the City of Santa Ana desires that the City's Tort Claims Policy and Procedure, as set forth in this Resolution, be applicable to suits for money or damages maintained against the City by the State or by a state department or agency or by another local public agency or by a judicial branch entity; and WHEREAS, Government Code Section 935.4 provides that the City Council may authorize an employee of the City of Santa Ana to perform such claims administration functions as are prescribed by resolution. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. Government Tort Claims Act Followed by the City. The City follows the Tort Claims Act, in that all claims for money or damages against the City are governed by Part 3 (commencing with Section 900) except as provided therein, or by other statutes or regulations expressly applicable thereto. Section 2. Claims by the State or by a State Department or Agency or by Another Local Public Agency or by a Judicial Branch Entity Against City Shall be Governed by California Tort Claims Act Procedures. All claims by the State or by a state department or agency or by another local public entity or by a judicial branch entity against the City for money or damages, which are excepted from the claims presentation requirement of the Tort Claims Act by Section 905(i) from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the Government Code and which are not governed by any other statutes or regulations expressly relating hereto, are hereby not excepted and shall be governed by the Tort Claims Act procedures followed by the City. Resolution No. 2015 -XXX 55B-3 Page 1 of 3