Alhambra Municipal Code Ch. 3.16 Claims and Demands Against City

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHECK. An order signed by the City Manager and by the Director of Finance for the payment of the specified amount to the payer named thereon.

DEMAND. A document which evidences a claim against city funds.

VOUCHER. The document upon which demands are summarized.

('86 Code, § 3.16.010) (Ord. 2800, passed - - ; Am. Ord. 3328, passed - - )

(A) All demands against city funds shall be presented to and audited by the Director of Finance and summarized on vouchers for payment.

(B) After audit and approval for payment, such demands and vouchers shall be listed on a demand register which shall be presented to the City Manager for his approval. Upon approval by the City Manager of the demands and vouchers listed on the demand register, checks covering payment of such demands and vouchers shall be prepared and listed on a demand and check register for presentation to the City Council at a regular or adjourned regular meeting of the Council for action thereon. Each demanded check approved by the City Council for the payment of money shall be signed by the City Manager and the Director of Finance.

('86 Code, § 3.16.020) (Ord. 2800, passed - - ; Am. Ord. 3328, passed - - )

All salaries or wages shall be paid upon demand of the City Manager or such other officer as may be authorized by the City Council to make such demand and the same shall be supported by a detailed payroll.

('86 Code, § 3.16.040) (Ord. 2618, passed - - )

All checks to fund the payroll shall be deposited in the payroll revolving fund. All checks drawn on the payroll revolving fund shall bear the signature of the City Manager and the Director of Finance.

('86 Code, § 3.16.050) (Ord. 2800, passed - - ; Am. Ord. 3328, passed - - )

(A) Claims against the city for money, damages or refunds of money erroneously or illegally collected or paid which do not fall under Division 3.4 of Title 1 of the Government Code of the State of California or are exempted by Section 905 of said Government Code from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California and which are not governed by other statutes or requisitions, including other provisions set forth in the Alhambra City Charter, the Alhambra Municipal Code or by ordinances or resolutions of the Alhambra City Council, expressly related thereto, shall be governed by this section.

(B) A written claim, verified by the person who claims to be entitled to be paid the money or damages or who has paid the money sought to be refunded or by his or her guardian or conservator or the executor or administrator of his or her will or estate, shall be presented to the Director of Finance within one year after the accrual of the cause of action underlying the claim for money or damages or after the payment of the amount sought to be refunded. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California insofar as said provisions are not in conflict with this section. Any such claim so submitted pursuant to this section shall be acted upon by the city by the City Manager, or his or her designee, the Director of Finance and, if applicable, the City Attorney.

(C) No order or a refund may be made until a written claim therefor has been presented to the city in accordance with the applicable section of this code. No suit for money, damages or a refund may be brought against the city until a written claim therefor has been submitted to the City Clerk and has been acted upon or has been deemed to be rejected by the city in accordance with applicable law. Any suit brought against the city for money, damages or a refund must be commenced not later than six months after the date notice of rejection of claim is personally delivered or deposited in the mail. Only the person who filed the claim may bring such a suit and if another person should do so, judgment shall not be rendered for the plaintiff.

(Ord. 4320, passed 3-24-97)

If any sum not in excess of $200 is erroneously paid to or collected by the city but not actually due to the city, the Director of Finance, with the approval of the City Manager, is authorized to refund any such sums erroneously paid or collected upon proof made to their reasonable satisfaction that such sums have in fact been erroneously paid or collected.

('86 Code, § 3.16.080) (Ord. 3430, passed - - )