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HomeMy WebLinkAbout68 - Presentation and Payment of Claims, Demands, and Warrants (Amended by Ord. 155)ORDINANCE NO. 68 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, PRESCRIBING THE METHOD OF PRESENTING AND PAYMENT OF CLAIMS, DEMANDS AND WARRANTS. The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. PERSON TO PRESENT CLAIM. No city officer shall, except for his own service, present any claim, account or demand for allowance against the City, or in any way, except in the discharge of his official duty, advocate the relief asked in the claim or demand made by any other person. Any person may appear before the City Council and oppose the allowance of any claim or demand made against the City. SECTION 2. ITEMIZING NECESSARY. The City Council shall not hear -or consider or allow or approve any claim or demand against the City unless the same be itemized giving names, dates, and particular services rendered, character of process served and upon whom, distance traveled, character of work done, the number of days engaged, material and supplies furnished, when and to whom and in what quantity furnished, the price therefor, and other pertinent details as the case may be, -Salaries and wages of officers and employees of the City shall not be considered to be claims, accounts, bills or demands against the City hereunder. SECTION 3, PRESENTING AND FILING. Claims and demands arising out of tort and all claims and demands not founded upon contract shall set forth the time and place the claim arose, the public property, officers or employees alleged to be at fault, the nature or extent of the injury or damage claimed, and full details as to the nature of the claim, and shall be signed and verified tc be c�crrect by the claimant or someone authorized by him, and shall be filed with the City Clerk within ninety (90) days after the accident or event occurred. All other claims -l" c and demands shall be presented in writing to, and filed with, the City within one (1) year.after the last item of the account or claim accrued and need not be signed or verified. Unless so presented and filed, no such claim or demand shall be approved, allowed or paid and the City shall not be liable upon any suit or action based upon any such claim or demand which is not filed in the form and within the time herein provided. .SECTION 4. SUIT. ,Any claim or demand against the City or against any City officer in his official capacity, payable out of any City fund or any fund under the control of the City Treasurer shall be filed and presented to the City Council as herein provided before any suit may be brought thereon. No suit may be brought on any claim until it has been rejected in whole or in part. If the City Council refuses or neglects to allow or reject a claim for ninety (90) days after it is filed with the City Clerk, the claimant may treat such refusal er neglect as final action and rejection on the ninetieth day. SECTION 5. METHOD OF APPROVAL. Each claim or demand shall be presented by the City Clerk to the Department Head, if any, who authorized the same for his written approval thereof, and each claim or demand shall thereafter be presented to the City Manager for his written approval thereof. The City Manager shall inform the City Council in writing of any claims or demands presented against the City which shall fail to obtain the approval of the proper Department Head or which shall fail to obtain the approval of the City Manager. All such claims and demands, whether approved as aforesaid or not, shall be forwarded by the City Manager to the City Council for audit. The City Council shall audit said claims and demands as required by law. SECTION 6. DISPOSITION OF CLAIM. If the City Council finds that any claim or demand is not a proper charge against the -2- City, it shall be rejected by resolution or minute action, and the fact of rejection shall be plainly endorsed upon the claim by the City Clerk. If any claim or demand is determined to be a proper charge against the City, the same shall be allowed only by resolution setting forth as to each claim the name of the claimant, a brief statement of the claim, the amount allowed and a designation of the fund out of which it is to be paid. Any claim may be allowed in part and rejected in part by the City Council. SECTION 7. APPROVED AND ALLOWED. If any claim or demand be approved and allowed by the City Council, the City Clerk shall endorse upon each of the duplicate copies thereof the words "Allowed by the City Council of the City of Costa Mesa", together with the date of such allowance and for what amount and from what fund, and the City Clerk shall attest the same with his signature. The City Clerk shall thereupon file the first copy of said claim and deliver the duplicate copy thereof to the City Manager together with a copy of the resolution allowing the same. SECTION 8. SUFFICIENT MONEY IN TREASURY. Except as other- wise provided by law, no warrant shall be drawn or evidence of indebtedness issued unless there be at the time sufficient money in the treasury legally applicable to the payment of the same. SECTION 9. ACCEPTANCE BY TREASURER. Upon presentation to the Treasurer of any warrant drawn and countersigned as aforesaid, the Treasurer shall accept the same by his signature, and the said warrant shall thereupon become a check in payment of the claim or demand for which it is drawn, and shall be delivered to the claimant. SECTION 10, This Ordinance shall take effect and be in full force thirty (30) days from and after its passage. Prior to the expiration of fifteen (15) days fr®m and after its passage, this Ordinance, together with the names of the members of the City Council vot-fng_fo'r and against the same, shall be published once in the Costa Ifea-a^globe Herald, a newspaper printed in the City of Costa Mesa. Passed and adopted thisday of Ne"Abe r, 1954• ZZ ATTEST: / Mayo the C �T or Costa Mesa Ciy lark of the ity of Costa Mesa ' S• -:A'22 G07VC .11' T .`11 I. PL: COUITTY OF ss - CITY CF -COSTA EESA y I, A. C. S'•IARTZ, City Clerk of the City of Costa I.-Lesa, do hereby certify that at a regular meeting of the City Council of the City of Costa 'esa, held on the First day of November , 1954. the foregoing Ordinance, containing ,�f sections, was considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following vote: AYES Five COUNCIDW: Nelson, ,j tin.. Pinklej, Smith „ and Tewinkle ROES:None COWICILMM: ABSEITT: None COUNCIUMIT: I further certify that said Ordinance was thereupon signed ty the Mayor of the City of Costa Mesa. ATTEST: _ Gam, j� City Clerk of the City of Costa Mesa