ORDINANCE NO. 119556
AN ORDINANCE submitting a proposition to the qualified electors of the City, at the general election to be held on November 2, 1999, to amend Article IV, Section 24 of the Charter of the City of Seattle to clarify its provisions governing the filing of claims and to eliminate a provision, made superfluous by State law, concerning the statute of limitations for the filing of lawsuits; ratifying and confirming prior acts; calling on the City Clerk to certify the proposed amendment to the Director of Records and Elections for King County and directing such Director to submit the proposition to City voters; and providing for the publication of such proposed amendment.
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Subject to the approval of a proposition by a majority of the qualified electors casting votes thereon, Section 24 of Article IV of the Charter of the City of Seattle is amended as follows:
ARTICLE IV Legislative Department
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Section 24. CLAIMS FOR DAMAGES: All claims for damages against the City must be filed with the City Clerk within the applicable statute of limitations. All claims for damages must accurately locate and describe the act, omission or defect that caused the injury or damage, specify the date and location of the claimed loss, describe the basis upon which liability is being asserted against the City, including any known witnesses, accurately describe the injury or damage, give residence for six months last past of the claimant, contain the items of damages claimed, and be sworn to by the claimant or an authorized representative. No lawsuit shall be commenced against the City in which monetary damages are being claimed until a written claim for damages has been presented to and filed with the City Clerk. A lawsuit based upon the allegations of a claim for damages may not be commenced within sixty (60) days of the filing of such claim((, unless the applicable statute of limitations will expire within the sixty (60) day period)).
No ordinance shall be passed allowing any such claim or any part thereof, or appropriating money or other property to pay or satisfy the same or any part thereof, until such claim has first been referred to the proper department, nor until such department has made its report to the City Council thereon, pursuant to such reference, provided that, the City Council may by general ordinance provide a different procedure for the presentation and payment of any claim in any amount as may be prescribed from time to time by ordinance passed by a two-thirds majority of all members of the City Council.
Notwithstanding any provision of this Charter inconsistent with this section, particularly Article IV, Sec. 1, H. and J. which are hereby superseded to the extent inconsistent herewith, any ordinance which may be required to allow a claim or appropriate money or other property to pay or satisfy the same or any part thereof shall become effective upon approval by the Mayor.
Section 2. The King County Director of Records and Elections, as ex officio supervisor of elections, is hereby directed to submit to the qualified electors of the City the proposition set forth below at the City general election on November 2, 1999.
The City Clerk is hereby authorized and directed to certify the proposition to the King County Director of Records and Elections in the following form:
Proposed City Charter Amendment No. ____
Shall the Seattle City Charter be amended to clarify its provisions governing the filing of claims against the City, and to eliminate a provision, made superfluous by State law, concerning the statute of limitations for the filing of lawsuits; and shall Article IV, Section 24 of said charter be amended accordingly?
Yes ____ No ____
Every qualified voter at the election desiring to ratify the proposition shall mark his or her ballot "Yes." Every qualified voter desiring to reject the proposition shall mark his or her ballot "No."
Section 3. The City Clerk shall certify to the Director of the Department of Records and Elections of King County as Supervisor of Elections the charter amendments proposed herein in the form of a ballot title conforming to the foregoing statement of the same, and shall certify a copy of the proposed charter amendments, and the same shall be published by the City Clerk in two daily newspapers in the City for at least thirty (30) days prior to such election, and as required by RCW 35.22.170.
Section 4. Certification of the charter amendments proposed herein by the City Clerk to the Director of Records and Elections and any other act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.
Section 5. This ordinance shall take effect and be in force immediately upon approval by the Mayor or, if not approved and returned by the Mayor within ten (10) days after presentation, then on the eleventh (11th) day after its presentation to the Mayor or, if vetoed by the Mayor, then immediately upon its passage over his veto.
Passed by the City Council the 19 day of July, 1999, and signed by me in open session in authentication of its passage this 19 day of July, 1999.
Sue Donaldson, President of the City Council
Approved by me this 19 day of July, 1999.
Paul Schell, Mayor
Filed by me this 23 day of July, 1999.
Ernie Dornfeld, Acting City Clerk
Filed by me this 26 day of July, 1999.
(Seal)