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SMS — 07/27/15 <br />RESOLUTION NO. 2015 -040 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA ADOPTING A GOVERNMENT TORT CLAIMS <br />PROCEDURE <br />WHEREAS, the City of Santa Ana is a charter city and municipal corporation <br />organized under the laws of state of California; <br />WHEREAS, the California Tort Claims Act (commencing with Section 900) of the <br />California Government Code governs the manner in which a local public entity must <br />handle claims for money or damages file against it; <br />WHEREAS, the City Council for the City of Santa Ana, desires that the <br />Government Tort Claims Procedure set forth in the California Tort Claims Act be the <br />City's Tort Claims Policy and Procedure; <br />WHEREAS, the City Council for the City of Santa Ana desires that the City's Tort <br />Claims Policy and Procedure, as set forth in this Resolution, be applicable to suits for <br />money or damages maintained against the City by the State or by a state department or <br />agency or by another local public agency or by a judicial branch entity; and <br />WHEREAS, Government Code Section 935.4 provides that the City Council <br />may authorize an employee of the City of Santa Ana to perform such claims <br />administration functions as are prescribed by resolution. <br />NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: <br />Section 1. Government Tort Claims Act Followed by the City. The City follows <br />the Tort Claims Act, in that all claims for money or damages against the City are <br />governed by Part 3 (commencing with Section 900) except as provided therein, or by <br />other statutes or regulations expressly applicable thereto. <br />Section 2. Claims by the State or by a State Department or Agency or by <br />Another Local Public Agency or by a Judicial Branch Entity Against City Shall be <br />Governed by California Tort Claims Act Procedures. All claims by the State or by a <br />state department or agency or by another local public entity or by a judicial branch entity <br />against the City for money or damages, which are excepted from the claims <br />presentation requirement of the Tort Claims Act by Section 905(1) from Chapter 1 <br />(commencing with Section 900) and Chapter 2 (commencing with Section 910) of the <br />Government Code and which are not governed by any other statutes or regulations <br />expressly relating hereto, are hereby not excepted and shall be governed by the Tort <br />Claims Act procedures followed by the City. <br />Resolution No, 2015 -040 <br />Page 1 of 3 <br />