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HomeMy WebLinkAbout155 - Method of Presenting Claims, Demands, and Warrants (Amends ORD 68)E4 2 3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 RPA 23 24 25 26 27 28 29 30 31 OVINANCE NO. 155 AN CRDTNANCE OF THE CITY OF COSTA MESA AMMING CRDIMME N0. 68, BEING ENTITIED, "AN CftDINAME OF THE CITY OF COSTA MESA, CALIFORNIA, PRESCRIBING TM ME'THM OF PRESENTIN AND PAVIZINT OF CLAIMS, DEMAICS AND WARRANTS" The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. There is hereby added to Ordinance leo. 68 a new Section, to be numbered Section 11, reading as follows# "SECTION 11. METHM OF DRAWIM WAR NTS AND CMCK3. Upon allowing a demand or approving a register of audited demands, a warrant shall be drawn upon the City Treasurer specifiying the purpose for which the Warrant is drawn.and the fund from which payment is to be made, and said Warrant shall require the signatures of the Director of Finance and the City Clerk, one of which shall be manual." SECTION 2. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days from and after its passage, this Osd nonce, together with the names of the members of the City Council voting for and against the same, shall be published orae in the Costa Mesa Globe Herald, a newspaper printed in the City of Costa Mesa. PASSED AM ADOPTED this 44th day of February, 1957. i !A = L'�ity Clerk of the City of Costa Mesa STATE OF CALIF# M) as. COUNTY OF ORANGE ) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify That the above and foregoing Ordinance No. 155 , containing two sectims, was considered section by section, and that the said Ordinance we then passed and adopted as a whole at a regular meeting of the said City Council held on the lith day of February, 1457, by the following roll call vote, to -wit: AYES: Councilman Martin, Pinkley, Smith, Meyers, Nelson NOES# Councilmen: Hone ABSENTS Councilment None 32 1!DATEDs . FtbraarY 5, 1951 y aria enolc oon 07 IS Ci1V Ca wil of A* City of Costa Mesa ORDINANCE NO. 155 AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING ORDINANCE NO. 68, BEING ENTITLED, "AN ORDINANCE OF THE CITY OF COSTA ME- SA, CALIFORNIA, PRESCRIB- ING THE METHOD OF PRE- SENTING AND PAYMENT OF CLAIMS, DEMANDS AND WARRANTS." The City Council of the City of Costa Mesa does ordain as fol- lows: SECTION 1. T h e r e is hereby added to Ordinance No. 68 a new Section, to be numbered Section 11, reading as follows: "SECTION 11. METHOD OF DRAWING WARRANTS AND CHECKS. Upon allowing a de- mand or approving a register of audited demands, a warrant shall be drawn upon the City Treasurer specifying the purpose for which the warrant is drawn and the fund from which payment is to be made, and said warrent shall require the signatures of the Director of Fin- ance and the City Clerk, one of which shall be manual" SECTION 2. T h is Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days from and after its passage, this Ordin- ance, together with the names of the members of the City Council voting for and against the same, shall be published once in the Costa Mesa Globe -Herald, a news- paper printed in the City of Cos- ta Mesa. PASSED AND ADOPTED this 4th day of February, 1957. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. SWARTZ City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Ordinance No. 155 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 4th day of February, 1957, by the fol- lowing roll call vote, to -wit: AYES: COUNCILMEN Martin, Pinkley, Smith, Meyers, Nelson NOES: COUNCILMEN None. ABSENT: COUNCILMEN None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 5th day of February, 1957. A. C. SWARTZ City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa Pub. Costa Mesa Globe Herald, Feb. 8, 1957, Costa Mesa, Calif. A-92 ORDINANCE NO 68 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFOR- NIA, ALIFOR- NIA, PRESCRIBING T H E METHOD OF PRESENTING AND PAYMETT OF CLAIMS, DEMANDS AND WARRANTS. The City Council of the City of Costa Mesa does ordain as fol- lows: SECTION 1. PERSON TO PRESENT CLAIM. No city offi- cer shall, except for his own serv- ice, present any claim, account or demand for allowance against the City, or in any way, except in the discharge of his official duty, ad- vocate the r e l i e f asked in the claim or demand m a d e by any other person. Any person may ap- pear before the City Council and oppose the allowance of any claim or demand made against the City. SECTION 2. ITEMIZING NEC- ESSARY. 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 num- ber of days engaged, material and supplies furnished, when and to whom and in what quantity fur- nished, the p r i c e 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 de- mands 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 in- jury or damage claimed, and full details as to the nature of the claim, and shall be signed and verified to be correct 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 and demands shall be presented in writing to, and filed with, the City within one (1) years after the last item of the account or claim ac- crued 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 C i t y or against any City officer in his of- ficial 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 p a r t. If the City Council refuses or neglects to al- low or reject a claim for ninety (90) days after it is filed with the City Clerk, the claimant may treat such refusal or neglect as final action and rejection on the ninetieth day. SECTION 5. METHOD OF APPROVAL. Each claim or de- mand 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 de- mand shall thereafter be present- ed to the City Manager for his written approval thereof. The City Manager s h a 11 inform the City Council in writing of any claims or d e m a n d s presented against the City which shall fail to o b t a i n .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 ap- proved as aforesaid or not, shall be •forwarded by the City Man- ager 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 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 deter- mined to be a p r o p e r charge against the City, the same shall be allowed only by resolution set- ting forth as to each claim the name of the claimant, a b r i e f statement of the c i a i in, the amount allowed and a designa- tion of the fund out of which it Is to be paid. Any claim may be allowed in part and rejected by the City Council. SECTION 7. APPROVED AND ALLOWED. If any claim or de- mand 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 sig- nature. The City Clerk shall thereupon file the first copy of said claim and deliver the dupli- cate copy .thereof to the City Man- ager together with a copy of the resolution allowing the same. S E C T 10 N 8. SUFFICIENT MONEY IN TREASURY. Except as otherwise provided by law, no warrant shall be drawn or evi- dence of indebtedness issued un- less there be at the time suffi- cient money in the treasury leg- ally applicable to the payment of the same. SECTION 9. ACCEPTANCE BY TREASURER. Upon presen- tation 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 there- upon 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) d a y s from and after its passage, this Ordinance, together w i t h the names of the members of the City Council voting for and against the same, shall be published once in the Costa Mesa Globe -Herald, a newspaper printed in the City of Costa Mesa. Passed and adopted this 1st day of November, 1954. C. M. NELSON, Mayor of the City of Costa Mesa. ATTEST: A. C. SWARTZ. City Clerk of the City of Costa Mesa. STATE OF CALIFORNIA: COUNTY OF ORANGE ss CITY OF COSTA •MESA I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of the City of Costa Mesa, held on the First day of November, 1954, the foregoing Ordinance, contain- ing 10 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 COUNCILMEN: Nelson, Martin, Pinkley, Smith and TeWinkle. NOES: None. ABSENT: None. I further certify that said Or- dinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: A. C. SWARTZ, City Clerk of the City of Costa Mesa.