Article IV — CLAIMS, DEMANDS AND WARRANTS

Editor's note— Ord. No. 1175, adopted Dec. 19, 1995, has been treated as superseding the provisions of former art. IV, §§ 10-101—10-107, which pertained to similar subject matter, at the discretion of the editor.

The provisions of this article are enacted pursuant to California Government Code § 935 and shall apply to all claims presented to the City of Fontana which are not expressly governed by a claim procedure set forth in any other statute or ordinance.

(Ord. No. 1175, 12-19-95)

No suit subject to this article shall be filed unless a claim has been filed and rejected in accordance with the provisions of this article.

(Ord. No. 1175, 12-19-95)

A claim subject to the provisions of this article may be filed if it is signed by the claimant or the claimant's guardian, executor, conservator or administrator and states the basis of the claim.

(Ord. No. 1175, 12-19-95)

A claim shall be filed in writing by the claimant or by the claimants guardian, executor, conservator or administrator with the city clerk no later than one year after the date of the cause of action. The claim shall be deemed to be filed on the date of receipt by the city clerk. Any such claim shall indicate the following information:

(1)

The name and address of the claimant, and, where applicable, the claimant's guardian, executor, conservator or administrator.

(2)

A description of the specific reasons for the claim.

(3)

The signature of the claimant or the claimant's guardian, executor, conservator or administrator following and accompanied by a contemporaneous statement that the information on the claim has been provided under penalty of perjury.

No claim may be filed on behalf of a class of claimants or on behalf of any person other than the claimant filing the claim.

(Ord. No. 1175, 12-19-95; Ord. No. 1180, § 1, 2-20-96)

The city council shall proceed in the manner provided in Government Code § 912.4 and 912.6 within 45 days after the claim has been presented.

(Ord. No. 1175, 12-19-95)

Nothing in this article revives or reinstates any cause of action that, on the effective date of this article, is barred by failure to comply with any previously applicable statute, ordinance or regulation requiring the presentation of a claim priorto a suit subject to this article, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitations.

(Ord. No. 1175, 12-19-95)

Subject to section 10-106, the provisions of this article shall apply retroactively to any causes of action occurring prior to the effective date of this article; provided, however, that a claimant who has a cause of action occurring more than ten months before the effective date of this article shall file a claim within 60 days after this article's effective date in accordance with the provisions of section 10-104 or such claim will be barred.

(Ord. No. 1175, 12-19-95)

Any suit subject to this article shall be commenced within six months from and after the date on which the city council rejects the claim. No recovery shall be allowed in any such action upon any ground not specified in the claim.

(Ord. No. 1175, 12-19-95)

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.

(Ord. No. 1175, 12-19-95)

(a)

The management services director will prepare demands or claims in accordance with Government Code § 37202.

(b)

The city audit committee shall certify the check register, and the city treasurer shall review the check register. Upon approval of the check register by the audit committee and review by the city treasurer, staff shall release checks for distribution to payees.

(c)

The city council shall ratify and approve budgeted payroll and demands paid by check in the form of the annual comprehensive financial report, in accordance with Government Code § 37208.

(Ord. No. 1175, 12-19-95)

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 warrant.

(Ord. No. 1175, 12-19-95)

The city treasurer shall have the duties of reviewing the warrant register, revenue report and investment transaction report and reporting as necessary to the city council.

(Ord. No. 1175, 12-19-95)

The provisions of this article are severable, and the invalidity of any phrase, clause or part of this article shall not affect the validity or effectiveness of the remainder of the article.

(Ord. No. 1175, 12-19-95)

When a reward is offered by the city council in an effort to solve a criminal case, the payment of the reward shall be paid only upon arrest and conviction in the criminal case. Only after the chief of police has noticed the city that an arrest and conviction has been made, shall the police department initiate payment of the reward. The payment of the reward will follow the standard accounts payable procedures established by city.

(Ord. No. 1334, § 1, 10-17-00)

The elected city treasurer shall receive as compensation for the performance of his or her official duties the amount of $1,000.00 per month, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.

(Ord. No. 1786, § 3, 12-11-18)

Secs. 10-116—10-135. - Reserved.