Fillmore Municipal Code Ch. 2.56 Presentation, Auditing and Payment Demands

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* For statutory provisions regulating the presentment of demands against a city, see Gov. Code §§ 900—940 et seq. and §§ 37201—37205.

All claims and demands against the city shall be made in writing, setting forth in detail for what such claim or demand is presented, and in case of materials or supplies, shall show thereon the requisition number, pursuant to which such claim or demand is made.

(Ord. 159 § 1, 1938)

All claims or demands against the city shall be filed with the city clerk and shall by him, insofar as practicable, be referred for recommendation to the director of finance and will be presented by the director to the city council at its first regular meeting in each month after such filing; provided, however, that a written demand need not be made for the payment of money on any contract regularly entered into by the city, calling for payment at regular intervals or otherwise, or for appropriations or refunds authorized by the city council by resolution or motion. When any claim or demand is allowed by the city council and ordered paid, the mayor shall draw a warrant upon the city treasurer for the same as allowed, which warrant shall be countersigned by the finance director and accepted by the city treasurer, or their respective authorized deputies, and shall specify for what purpose the same is drawn and out of what fund it is to be paid. Upon the presentation of the warrant properly executed and endorsed, the city treasurer shall pay the same out of the funds in the city treasury applicable to that purpose. In the case of the respective payrolls for the various departments of the city, one demand on each fund involved under such respective payrolls shall be sufficient for all items indicated upon such payroll demand and in such case only one warrant payable to the city treasurer need be drawn, which warrant, when allowed as hereinabove set forth, shall be delivered to the treasurer and the proceeds thereof shall be utilized by the treasurer in the payment of the respective items to the respective persons indicated as respectively entitled thereto in the payroll demand pursuant to which the same was issued, by a payroll check issued to the person and in the amount indicated on said demand. The acceptance and endorsement of the check by the employee shall be deemed a receipt in full for all moneys due the employee, as indicated on the face of the check.

(Ord. 434 § 2, 1972: Ord. 159 § 2, 1938)

No action shall be brought on any claim for money or damages against the city or any officer thereof until a demand for the same has been presented as provided in this chapter and rejected in whole or in part. If rejected in part, action may be brought to recover the whole. All claims for damages against the city must be presented within ninety days after the occurrence from which the damages arose, and all other claims or demands shall be presented within ninety days after the last item of the account or claim occurred. No action shall be brought against the city or any officer thereof upon any claims or demand that has been in whole approved by the council; provided, however, nothing contained in this chapter shall be construed to deprive the holder of any demand of his right to resort to writ of mandamus or other proceeding against the council or officer of the city to compel it or him to act upon such claim or demand, or to pay the same when approved by the council.

(Ord. 260 § 1, 1956: Ord. 159 § 5, 1938)