Chapter 3.16
DEMANDS AND CLAIMS
Sections:
3.16.010 Claims for Money or Damages.
3.16.020 Auditing Prerequisite to Payment.
3.16.030 Forms—Blanks for Demands.
3.16.040 Departmental Approval of Claims.
3.16.050 Approval by City Manager.
3.16.060 Prepayment of Demands.
3.16.080 City Council Approval.
3.16.090 Record of Approved Demands.
3.16.010 Claims for Money or Damages.
As a prerequisite to bringing suit thereon against the City or any officer, department, commission or board of the City, any claim for money or damages (including claims which would otherwise be excepted by Section 905 of the Government Code of California), which is not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the Government Code of California. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Director of Finance, the City Council, and other officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable. (Ord. 87-2, 12/15/87)
3.16.020 Auditing Prerequisite to Payment.
No payment shall be made from the City treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law. (Ord. 87-2, 12/15/87)
3.16.030 Forms—Blanks for Demands.
Claims against the City shall be paid on demands on the treasury as herein provided on forms to be prescribed by the City Manager. (Ord. 87-2, 12/15/87)
3.16.040 Departmental Approval of Claims.
Except for tort claims, every claim and demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed; that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based; that the demand in all other respects is proper and valid, and which shall further indicate the budgetary account to which said demand is to be charged. (Ord. 87-2, 12/15/87)
3.16.050 Approval by City Manager.
Each demand approved by the receiving department or office shall be presented to the City Manager who shall satisfy himself whether:
A. The claim is legally due and owing by the City;
B. There are budgeted or otherwise appropriated funds available to pay said claim;
C. The claim conforms to a valid requisition or order;
D. The prices and computations shown on the claim are verified;
E. The claim contains the approval of other departments and officials as required. (Ord. 87-2, 12/15/87)
3.16.060 Prepayment of Demands.
A. Prepayment of demands prior to audit by the City Council may be made by the City Manager in conformity with the authority provided by Section 32708 of the Government Code of the State.
B. Whenever the City Manager determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this Code or of any other ordinance of this City, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection (a) of this Section. (Ord. 87-2, 12/15/87)
3.16.070 Register of Demands.
Following audit of demands, the City Manager shall prepare a register of audited demands showing the claimant’s name, amount of demand, the warrant number and date thereof, and transmit said register to the City Council, with approval or other report. (Ord. 87-2, 12/15/87)
3.16.080 City Council Approval.
The register of demands shall be presented to the City Council at the next meeting thereof. The City Council may by resolution approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the City Manager. (Ord. 87-2, 12/15/87)
3.16.090 Record of Approved Demands.
Following approval of the register of demands by the City Council, the Mayor and the City Manager shall endorse the register of audited demands to signify there was proper processing of demands therein before the City Council took action. (Ord. 87-2, 12/15/87)