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Ord 0147 06/2007ORDINANCE NO. 147 ORDINANCE OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT DELEGATING BOARD AUTHORITY TO TAKE ACTION ON DISTRICT GOVERNMENT TORT CLAIMS PRESENTED TO THE DISTRICT BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as follows: SECTION 1: DELEGATION OF BOARD AUTHORITY The Board of Directors hereby delegates authority to act upon tort claims presented to the District, in accordance with the California Tort Claims Act (Government Code §§ 901 et seq), to the General Manager of the District, or said person's authorized designee. With respect to any claim so presented, the General Manager or his/her designee may exercise all of the following actions, without prior consent or direction from the Board: 1.1 The General Manager or designee may serve a notice of insufficiency of the claim; 1.2 The General Manager or designee may serve notice of late claim; 1.3 Subject to the limitation set forth in Section 2, below, the General Manager or designee may adjust, settle or compromise the claim. SECTION 2: DELINEATION OF SETTLEMENT AUTHORITY As authorized by Section 935.2 and 935.4 of the Government Code, The Board shall permit the General Manager, or his/her designee, to exercise discretionary authority to compromise, or settle any such Claims that are properly presented to the District, up to the maximum amount of Twenty -Five Thousand and 00/100ths Dollars ($25,000.00), without the prior consent of the Board of Directors. Upon written order of the General Manager or his/her designee, the District's Director of Finance shall cause to be issued a warrant in the amount of the compromise settlement reached for a particular claim, up to the maximum amount of Twenty -Five Thousand and 00/100ths Dollars ($25,000.00). ALL OTHER ORDINANCES OR AMENDMENTS IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED. This Ordinance shall become effective upon adoption, and shall be published one time in a newspaper of general circulation within the District. Ordinance No. 147 Page 2 PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held this 6th day of June, 2007 by the following roll call vote: AYES: FERGUSON, GENTRY, HANNAN, POLTL, SHELL NOES: ABSTAIN: ABSENT: ,-)6111,19, - Darrell Gentry, President Board of Directors Vallecitos Water District William W. Rucker, Secretary Board of Directors Vallecitos Water District