Chapter 3.12
CLAIMS AGAINST THE CITY
Sections:
3.12.010 Presentation or support of claim restricted – Opposition of claim.
3.12.020 Claims – Itemization required – Contents.
3.12.030 Claims – Presenting and filing.
3.12.040 Claims – Suit – Restrictions.
3.12.050 Claims – Approval or disapproval – Procedure.
3.12.060 Claims – Disposition.
3.12.070 Claims – Approved and allowed – Endorsement by clerk.
3.12.080 Claims – Approved and allowed – Warrant – Issuance.
3.12.090 Claims – Approved and allowed – Warrant – Restriction.
3.12.100 Claims – Approved and allowed – Warrant – Payment.
3.12.110 Claims – Disapproval for want of funds.
3.12.120 Registration of demands.
3.12.130 Establishment of claims board.
3.12.010 Presentation or support of claim restricted – Opposition of 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. (Prior code § 2430).
3.12.020 Claims – Itemization required – Contents.
The city council shall not hear, consider, allow, or approve any claim, bill, or demand against the city unless the same is itemized, giving names, dates, and particular services rendered; character of process served and upon whom; distance travelled; character of work done, and 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. Claims and demands for salaries and wages of officers and employees of the city may, but need not, be presented to the city in accordance with the provisions of this chapter. (Prior code § 2431).
3.12.030 Claims – Presenting and filing.
A. 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 and extent of the injury or damage claimed, and full details as to the nature of the claim. They shall be signed and shall be filed with the city clerk within 100 days after the accident or event occurred.
B. All other claims and demands shall be presented in writing to and filed with the city clerk within one 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 provided in this chapter. (Ord. 316 § 15, 1973; prior code § 2432).
3.12.040 Claims – Suit – Restrictions.
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 control of the city treasurer, shall be filed and presented to the city council as provided in 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 45 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. 316 § 16, 1973; prior code § 2433).
3.12.050 Claims – Approval or disapproval – Procedure.
Each claim or demand shall be presented by the city clerk to the department head who authorized the same, if any, for his written approval thereof. Each claim or demand shall thereafter be presented to the city manager for his written approval. The city manager shall inform the city council in writing of any claims or demands presented against the city which fail to obtain the approval of the proper department head, or which 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. (Ord. 316 § 12, 1973; prior code § 2434).
3.12.060 Claims – Disposition.
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 or his authorized representative. If any claim or demand is determined to be a proper charge against the city, the same shall be allowed by resolution or minute action of the council. Any claim may be allowed in part and rejected in part by the city council. (Prior code § 2435).
3.12.070 Claims – Approved and allowed – Endorsement by clerk.
If any claim or demand is 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 Bell Gardens,” and for what amount and from what fund, and the city clerk shall attest the same with his signature. (Prior code § 2436).
3.12.080 Claims – Approved and allowed – Warrant – Issuance.
If any claim or demand is approved and allowed by the city council, the mayor shall draw a warrant upon the city treasury for the same. The warrant shall be countersigned by the city treasurer or his authorized representative, and shall specify for what purpose the same is drawn and out of what fund it is to be paid. (Prior code § 2437).
3.12.090 Claims – Approved and allowed – Warrant – Restriction.
Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there is at the time sufficient money in the treasury legally applicable to the payment of the same. (Prior code § 2438).
3.12.100 Claims – Approved and allowed – Warrant – Payment.
Upon presentation of said warrant, properly executed and endorsed, the city treasurer shall pay the same out of the funds in the city treasury properly applicable to that purpose. (Prior code § 2439).
3.12.110 Claims – Disapproval for want of funds.
When an order or demand is not approved for want of funds, and its amount does not exceed the income and revenue for the year in which the indebtedness was incurred, the city clerk shall endorse on it: “Not approved for want of funds,” with the date of presentation and his signature. (Prior code § 2440).
3.12.120 Registration of demands.
The city clerk shall number the endorsement, register the order or demand in his records, and deliver it to the claimant, or his order. (Ord. 316 § 17, 1973; prior code § 2441).
3.12.130 Establishment of claims board.
The city council may, by resolution, pursuant to Government Code Sections 935.2 and 935.4, establish a claims board or commission, and delegate to such board or commission, or to an employee of the city, its powers to perform functions and make determinations relating to claims as contained in this chapter, and in Government Code Sections 900 et seq. (Ord. 394 § 1, 1978).