Resolution Number 83-4-5-11
RESOLUTION NO. 83-4-5-1
LIMITATION OF MUNICIPAL LIABILITY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
LEGISLATION TO LIMIT THE LIABILITY OF PUBLIC
AGENCIES
WHEREAS, public agencies throughout the State of
California are subjected to a large number of public liability
lawsuits; and,
WHEREAS, in most of such cases the public agency is a
codefendant in personal injury or property damages cases where
the driver of an automobile, for example is allegedly at fault;
and,
WHEREAS, the court or jury establishes each defendant's
degree of fault without any specific knowledge of the financial
position of any of the defendants; and,
WHEREAS, the degree of fault of public agencies are
usually substantially less than that of the primary defendant;
and,
WHEREAS, because of the joint and several liability of
all defendants all parties are liable for the payment of the
entire judgment; and,
WHEREAS, public agencies have, because of the financial
status of other defendants, had to pay judgments far in excess of
their degree of liability; and,
WHEREAS, the County of Los Angeles is sponsoring
legislation to amend Sections 1431 and 1432 and add Section
1431.1 to the Civil Code to delete joint and several liability as
it pertains to public entities.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano does hereby express its support
of the aforesaid changes to the Civil Code and authorizes and
directs the Director of Public Works to communicate the City's
support to the City Engineers Association/Orange County.
PASSED, APPROVED AND ADOPTED this 5th day of
it 1 1983 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Schwartze
and Mayor Buchheim
NOES: None
ABSENT: Councilman Bland
RENCE F. B HH IM, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 83-4-5-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
April , 1983.
(SEAL)
MARY ANN A OVER,"CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 7th day of April r 1983 r
she caused to be posted:
RESOLUTION NO. 83-4-5-1
being: LIMITATION OF MUNICIPAL LIABILITY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
LEGISLATION TO LIMIT THE LIABILITY OF PUBLIC
AGENCIES
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
CHECK LIST
ORD. N0._----_ RES. NO............
..-.._,C.. Mayor has signed
Clerk has signed
..__..� City Seal stamped
_..... All blanks typed in
" „
Absent ......... 6,e -."a ............. .......
"Noes" .................. zf�;
... Typed in Official Record Book
.............. Posted to Classified Cards
_..-_...... Copies sent to,
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Legal Publication ordered to be published
--' (date).............................................................
No. Affidavits
No. Printed copies required ..-------- 6a. .....
. _...
Remarks..--------------------------------------------------------------- ---.._...
...........................................................................'---r ..
r
MARY ANN A OVE , CITY CLERK
San Juan Capistrano, California
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