HomeMy WebLinkAboutR-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
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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
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YAKIMA CITY CLERK RES $9 % Yakima Co, WA