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 against the city.
(Ord. 3 § 1, 1973)
The city council shall not hear, credit, audit, consider or
allow or approve any claim, bill or demand against the city unless
the same is itemized giving names, dates and particular services rendered,
character or process served and upon whom, distance traveled, character
of work done, the number of days engaged, materials, 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 under this
chapter. No demand shall be audited, passed upon or allowed by the
city council unless made out as prescribed in this chapter and presented
and filed with the director of finance at least one day prior to the
time of the meeting of the city council, at which it is asked to be
allowed.
(Ord. 3 § 2, 1973)
The presentment and processing of claims and demands to which Part 3 of Division 3.6 of Title I of the
Government Code is applicable shall be governed by the provisions therein contained. Notwithstanding the exemptions set forth in Section 905 of the
Government Code of the state of California, all claims against the city as well as any agency, commission or authority thereof, for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations in the manner prescribed by Sections 910 through 915.2 of the
Government Code of the state. Such claims shall further be subject to the provisions of Sections 945 through 946 of the
Government Code of the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the council. All other claims and demands shall be presented in writing and shall be filed with the director of finance within one year after the accrual of the cause of action, and shall be signed and verified. Unless so presented, filed and processed as provided in the above-mentioned provisions of the
Government Code or in this chapter, 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 presented, filed, and processed in the form and within the time referred to or provided in this section and Section
3.04.020.
(Ord. 3 § 3, 1973; Ord. 100 § 51, 1976; Ord. 632 § 1, 1995)
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 provided by this chapter 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 forty-five days after it is
filed with the city clerk, the claimant may treat such refusal or
neglect as final action and rejection on the forty-fifth day.
(Ord. 3 § 4, 1973; Ord. 100 § 52, 1976)
Each claim or demand shall be presented to the director of finance,
who shall cause the same to be stamped showing the date and time of
filing, and he shall examine and verify it as to its validity, accuracy,
certification, and the availability of funds for payment thereof.
He shall prepare for approval, without signing, a warrant upon the
city treasurer representing such demand, which warrant shall specify
in whose favor it is drawn, the purpose for which it is drawn, and
the amount thereof, together with the name of the fund and of the
bank out of which it is payable when executed and approved. The director
of finance shall note such demands and warrants which he determines
should be approved or allowed upon a register book of demands and
warrants, setting forth the number of the demand and warrant, in whose
favor the warrant is drawn, and the amount thereof, together with
dates and the name of the fund and of the bank out of which the warrant
is payable, and shall certify thereon by his signature that the demands
are correct as to computations and are payable out of the funds stated
in the amount set opposite their respective names.
(Ord. 3 § 5, 1973)
The director of finance shall prepare a separate written list
from that required in Section 3.04,040 of all claims or demands which
he fails to approve and which he believes should be rejected in whole
or in part, together with his reasons therefor, and such list shall
be submitted separately, together with the register book of demands
and warrants, to the finance committee of the city council, who shall
audit the same, and, if found authorized, correct and legal, shall
signify by the chairman's signature upon the register book of demands
and warrants those payments which are approved or disapproved by the
finance committee. The finance committee shall then cause all demands
approved or disapproved by the finance committee, together with the
register book of demands and warrants, including separate sheets of
disapproved demands, if any, together with the supporting documents,
to be returned to the director of finance, who shall present the same
to the city council for audit and allowance or disallowance.
(Ord. 3 § 6, 1973)
All payments presented in accordance with the provisions of
this chapter shall be audited by the city council, and, if found authorized,
correct, and legal, shall be allowed by the city council and ordered
paid. Any claim or demand may be allowed in whole or in part or rejected
in whole or in part by the city council. If any claim or demand is
rejected in whole or in part, the fact of such rejection shall be
plainly endorsed upon the claim or demand by the director of finance.
(Ord. 3 § 7, 1973)
The city council shall by resolution prescribe a method of drawing warrants or checks in payment of demands allowed or ordered paid as is provided in Section
3.04.070, however, that such method shall require the manual signature of at least one municipal officer who has executed an official bond to the city, covering the faithful performance by such officer of the duties of his office, as provided by Section 37203 of the
Government Code.
(Ord. 3 § 8, 1973)
Nothing in this chapter shall be construed as preventing the
payment by the city treasurer of the bonded indebtedness of the city
and the interest coupons thereof, or payment on account of street
improvement bonds and coupons in accordance with the laws authorizing
the issuance of bonds.
(Ord. 3 § 9, 1973)