Bradbury Municipal Code Art. III Claims, Demands and Warrants

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State Law reference— Claims and actions against public entities and public employees, Government Code § 810 et seq.

No City officer shall, except for such officer's own service, present any claim, account or demand for allowance against the City, or in any way, except in the discharge of the City officer's 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, § 2520)

The City Council shall not hear or 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 of 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 hereunder.

(Prior Code, § 2521)

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, and shall be signed and verified to be correct by the claimant or someone authorized by the claimant. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Government Code Article 2 (commencing with Government Code § 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Government Code Article 2 (commencing with Government Code § 915) not later than one year after the accrual of the cause of action. 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.

(Prior Code, § 2522)

Any claim or demand against the City or against any City officer in such officer's official capacity, payable out of any City fund under 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 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 45th day.

(Prior Code, § 2523)

All claims shall be made in duplicate in the manner and with the contents required by the California Government Code.

(Prior Code, § 2524)

Each claim or demand shall be presented to the City Clerk who shall audit the same to determine the accuracy of such demand, whether or not the same is a proper charge against the City, and the appropriation and availability of funds for the payment thereof. He shall prepare a register of audited demands in the form of a resolution, ready for adoption by the City Council, pursuant to Section 2.05.360, setting forth all demands which should be approved and allowed, and shall attach to at least one copy thereof the Clerk's affidavit certifying as to the accuracy of the demands and the appropriation and availability of funds for the payment thereof. Such register of audited demands then shall be submitted to the City Council for approval or rejection. The City Clerk shall prepare a separate written list of all claims or demands which the Clerk fails to approve and which the Clerk believes should be rejected in whole or in part, together with the Clerk's reasons therefor, and such list shall be submitted separately to the City Council.

(Prior Code, § 2525)

If the City Council finds that any audited 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 audit claim or demand or register of audited demands is approved, the same shall be allowed by resolution setting forth as to each claim the name of the claimant, a brief statement of the claim, the amount allowed, and a designation of the fund out of which it is to be paid. Any claim may be allowed in part and rejected in part by the City Council.

(Prior Code, § 2526)

If any register of audited demands or any claim or demand is approved and adopted by the City Council by resolution as aforesaid, the City Clerk shall endorse upon a copy of such resolution a certificate setting forth the fact that it is a true copy of a resolution adopted by the City Council and the date of adoption and shall attest the same with the City Clerk's signature and shall deliver the said copy so certified to the Mayor as soon as can practicably be done after the adoption of such resolution.

(Prior Code, § 2527)

If any claim or demand is approved and allowed by the City Council as aforesaid, the Mayor shall draw a warrant upon the City Treasurer for the same, specifying the purpose for which drawn and the fund from which payment is to be made. The City Clerk shall countersign the warrant.

(Prior Code, § 2528)

Except as otherwise provided by law, 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, § 2529)

Upon presentation to the Treasurer of any warrant drawn and signed as aforesaid, the Treasurer shall accept the same by the Treasurer's signature, and the said warrant shall thereupon become a check in payment of the claim or demand for which it is drawn and shall be delivered to the claimant.

(Prior Code, § 2530)