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Home My WebLink AboutR-2001-134 Agent to receive Claim for DamagesRESOLUTION NO. R-2001-134 A RESOLUTION appointing an agent to receive any claim for damages made under Chapter 4.96 RCW, pursuant to RCW 4.96.020. WHEREAS, the Washington State Legislature has amended RCW 4.96.020(2) to require each local government to appoint an agent to receive claims for damages; and WHEREAS, RCW 4.96.020(2), as amended, states that the governing body of each local government entity shall appoint an agent to receive any claim for damages made under Chapter 4.96 RCW, and further states that the identity of the agent and the address where he or she may be reached during the normal business hours of the local governmental entity are public records and shall be recorded with the auditor of the county in which the entity is located; WHEREAS, the City of Yakima desires to appoint the Yakima City Clerk as its agent to receive claims for damages pursuant to RCW 4.96.020(2); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Pursuant to RCW 4.96.020(2), the City Council of the City of Yakima hereby appoints the following agent to receive any claim for damages made under Chapter 4.96 RCW: Yakima City Clerk City Clerk's Office 129 North Second Street Yakima, Washington 98901-2613 (509) 575-6037 Pursuant to RCW 4.96.020(2), a copy of this Resolution shall be recorded with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this jo day of September, 2001. ATTEST: City Clerk ary Place, Mayor ENGROSSED HOUSE BILL 1530 Passed Legislature - 2001 Regular Session State of Washington 57th Legislature 2001 Regular Session By Representatives Lantz and Carrell Read first time 01/29/2001. Referred to Committee on Judiciary. 1 AN ACT Relating to serving claims against local governmental 2 entities for tortious conduct; and amending RCW 4.96.010 and 4.96.020. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 4.96.010 and 1993 c 449 s 2 are each amended to read 5 as follows: 6 (1) All local governmental entities, whether acting in a 7 governmental or proprietary capacity, shall be liable for damages 8 arising out of their tortious conduct, or the tortious conduct of their 9 past or present officers, employees, or volunteers while performing or 10 in good faith purporting to perform their official duties, to the same 11 extent as if they were a private person or corporation. Filing a claim 12 for damages within the time allowed by law shall be a condition 13 precedent to the commencement of any action claiming damages. The laws 14 specifying the content for such claims shall be liberally construed so 15 that substantial compliance therewith will be deemed satisfactory. 16 (2) Unless the context clearly requires otherwise, for the purposes 17 of this chapter, "local governmental entity" means a county, city, 18 town, special district, municipal corporation as defined in RCW 19 39.50.010, ((or)) quasi -municipal corporation, or public hospital. p. 1 EHB 1530.SL 1 (3) For the purposes of this chapter, "volunteer" is defined 2 according to RCW 51.12.035. 3 Sec. 2. RCW 4.96.020 and 1993 c 449 s 3 are each amended to read 4 as follows: 5 (1) The provisions of this section apply to claims for damages 6 against all local governmental entities. 7 (2) The governing body of each local government entity shall 8 appoint an agent to receive any claim for damages made under this 9 chapter. The identity of the agent and the address where he or she may 10 be reached during the normal business hours of the local governmental 11 entity are public records and shall be recorded with the auditor of the 12 county in which the entity is located. All claims for damages against 13 ((any such)) a local governmental entity ((for damages)) shall be 14 presented to ((and filed with the governing body thereof)) the agent 15 within the applicable period of limitations within which an action must 16 be commenced. 17 (3) All claims for damages arising out of tortious conduct must 18 locate and describe the conduct and circumstances which brought about 19 the injury or damage, describe the injury or damage, state the time and 20 place the injury or damage occurred, state the names of all persons 21 involved, if known, and shall contain the amount of damages claimed, 22 together with a statement of the actual residence of the claimant at 23 the time of presenting and filing the claim and for a period of six 24 months immediately prior to the time the claim arose. If the claimant 25 is incapacitated from verifying, presenting, and filing the claim in 26 the time prescribed or if the claimant is a minor, or is a nonresident 27 of the state absent therefrom during the time within which the claim is 28 required to be filed, the claim may be verified, presented, and filed 29 on behalf of the claimant by any relative, attorney, or agent 30 representing the claimant. 31 (4) No action shall be commenced against any local governmental 32 entity for damages arising out of tortious conduct until sixty days 33 have elapsed after the claim has first been presented to and filed with 34 the governing body thereof. The applicable period of limitations 35 within which an action must be commenced shall be tolled during the 36 sixty-day period. EHB 1530.SL p. 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of September 18, 2001 ITEM TITLE: A Resolution appointing an agent to receive any claim for damages made under Chapter 4.96 RCW, pursuant to RCW 4.96.020(2). SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney Karen S. Roberts, City Clerk CONTACT PERSON/TELEPHONE: Helen A. Harvey, 575-6030 SUMMARY EXPLANATION: State law currently requires that a claim for damages must be presented and filed with the governing body of each local government entity within the applicable period of limitations. New legislation enacted at the 2001 legislative session, which became effective July 22, 2001, requires that the governing body of each local government formally appoint an agent to receive these claims for damages. The identity and location of the agent during business hours must be recorded with the county auditor. See ESHB 1530, enacted as Ch. 119, Laws of 2001. This resolution will appoint the Yakima City Clerk as the City of Yakima's agent to receive any claim for damages, pursuant to RCW 4.96.020(2). Resolution X Ordinance Contract Contract Other(Specify) Mail to (name and address): Phone: Funding Source --AAPPROVED FOR SUBMITTAL: k City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: N/A COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-134 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: City of Yakima Resolution No. R-2001-134 Grantor: City of Yakima Grantee: City of Yakima — 11,m- P --,o � L' `- DESCRIPTION: A Resolution appointing an agent to receive any claim for damages made under Chapter 4.96 RCW, pursuant to RCW 4.96.020 7235944 Page: 1 0£ 2 0812012001 03:22P YAKIMA CITY CLERK RES $.00 Yakima Co, WA RESOLUTION NO. R-2001- 134 A RESOLUTION appointing an agent to receive any claim for damages made under Chapter 4.96 RCW, pursuant to RCW 4.96.020. WHEREAS, the Washington State Legislature has amended RCW 4.96.020(2) to require each local government to appoint an agent to receive claims for damages; and WHEREAS, RCW 4.96.020(2), as amended, states that the governing body of each local government entity shall appoint an agent to receive any claim for damages made under Chapter 4.96 RCW, and further states that the identity of the agent and the address where he or she may be reached during the normal business hours of the local governmental entity are public records and shall be recorded with the auditor of the county in which the entity is located; WHEREAS, the City of Yakima desires to appoint the Yakima City Clerk as its agent to receive claims for damages pursuant to RCW 4.96.020(2); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Pursuant to RCW 4.96.020(2), the City Council of the City of Yakima hereby appoints the following agent to receive any claim for damages made under Chapter 4.96 RCW: Yakima City Clerk City Clerk's Office 129 North Second Street Yakima, Washington 98901-2613 (509) 575-6037 Pursuant to RCW 4.96.020(2), a copy of this Resolution shall be recorded with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 1811, day of September, 2001. ATTEST: City Clerk �ary Place, Mayor 7235944 Page: 2 of 2 08120/2001 03:22P YAKIMA CITY CLERK RES $9 % Yakima Co, WA