Chapter 3.04 — CLAIMS AND WARRANTS

* For statutory provisions pertaining to claims against public entities, see Gov. Code §900 et seq. Also see Gov. Code §37201.

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).

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 travelled, character of work done, number of days engaged, materials and supplies furnished, when and to whom, and in what quantity furnished, the price therefor, and any 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).

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, shall be signed and verified to be correct by the claimant or someone authorized by him. It shall be filed with the city clerk within ninety days after the accident or event occurred. 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 claim or demand shall be approved, allowed or paid. 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 §2432).

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 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 ninety days after it is filed with the city clerk, the claimant may treat the refusal or neglect as final action and rejection on the ninetieth day.

(Prior code §2433).

Each claim or demand shall be presented by the city clerk to the department head, if any, who authorized the same, for his written approval thereof. Each claim or demand shall thereafter be presented to the city administrator for his written approval thereof. The city administrator shall inform the city council, in writing, of any claims or demands presented against the city which shall fail to obtain the approval of the proper department head or which shall fail to obtain the approval of the city administrator. All such claims and demands, whether approved as aforesaid or not, shall be forwarded by the city administrator to the city council for audit. The city council shall audit the claims and demands as required by law.

(Prior code §2434).

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. 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 only by resolution setting forth as to each claim the name of the

claimant, a brief statement of the claim, and the amount allowed. Any claim may be allowed in part and rejected in part by the city council.

(Prior code §2435).

If any claim or demand be 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 Commerce," together with the resolution number allowing the same and for what amount and from what fund, and the city clerk shall attest the same with his signature.

(Prior code §2436).

If any claim or demand be 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 clerk, or his authorized representative, and 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).

Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there be at the time sufficient money in the treasury legally applicable to the payment of the same.

(Prior code §2438).

Upon presentation of the 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).

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 §2400).

The city clerk shall number the endorsement, register the order or demand in his records, and deliver it to the claimant, or his order. From delivery, the order or demand bears interest at six percent a year. Orders or demands shall be paid in the order they are registered.

(Prior code §2441).