Fort Bragg Municipal Code Ch. 3.04 Claims Against the City

Section

3.04.010 General claims procedure

3.04.020 Special claims procedure

3.04.030 Filing

3.04.040 Claims covered by insurance

3.04.050 Payments

3.04.060 Authorization to approve claims

3.04.070 Facsimile signatures

The provisions of this chapter recognize that the general claims procedures applicable to local public agencies, including this City, are governed by the provisions of Cal. Government Code Title 1, Division 3, Part 3, Chapter 1, commencing with § 900 and following.

(Ord. 448, § 1 (part), passed -- 1974)

Pursuant to the authority contained in Cal. Government Code § 935, the following claims procedures are established for those claims against the City for money or damages not now governed by state or local laws.

A. Employee claims. Notwithstanding the exceptions contained in Cal. Government Code § 905, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay and any other expenses or allowances claimed due from the City, when a procedure for processing the claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Government Code §§ 910 through 915.2. The claims shall be further subject to the provisions of Cal. Government Code § 945.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon in accordance with this Chapter and other applicable law.

B. Contract and other claims. In addition to the requirements of subsection A of this section, and notwithstanding the exemptions set forth in Cal. Government Code § 905, all claims against the City for damages or money, when a procedure for processing the claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Government Code §§ 910 through 915.2 of the state provisions. The presentation requirement shall be applicable to claims relating to or arising out of any written or oral agreement, except to the extent the provisions of a written agreement governed by Cal. Government Code § 930.2 conflict with such presentation requirement in which case the provisions of the written agreement shall control. The claims shall be further subject to the provisions of § 945.4 relating to the prohibition of suit in absence of presentation of claims and action thereon in accordance with this Chapter and other applicable law.

C. Presentation Requirement. Notwithstanding Subsections A and B of this Section 3.04.020, no person or entity, including any other public entity, may bring suit for money or damages against the City until a written claim, verified by the person or entity who claims to be entitled to be paid the money or damages, or who has paid the money sought to be refunded, has been presented to the City and has been acted upon by the City or has been deemed to have been rejected by the City. Only the person who filed the claim may bring suit and if another person should do so, judgment shall not be rendered for the plaintiff. Any action brought against the City on such a claim shall be subject to the provisions of Cal. Government Code §§ 945.6 and 946.

(Ord. 882, § 3, passed 5-11-2009; Am. Ord. 899, §§ 2,3, passed 12-12-2011)

All claims or demands against the City shall be filed with the City Clerk, who will forward the claim to Redwood Empire Municipal Insurance Fund for review and direction. The claim shall be presented to the City Council at a regular meeting within 45 days of receipt, for approval or rejection, whether in whole or in part, except for claims of $50,000 or less which shall be presented to the City Manager, pursuant to Cal. Government Code § 935.4, for approval or rejection, whether in whole or in part.

(Ord. 882, § 4, passed 5-11-2009)

All claims filed with the City Clerk which are covered by insurance shall be forwarded by him or her after action thereon by the City Council or City Manager to Redwood Empire Municipal Insurance Fund for further processing.

(Ord. 882, § 5, passed 5-11-2009)

If the City Council or City Manager approves a claim or demand, in whole or in part, a check shall be issued upon the City treasury for the amount allowed.

(Ord. 882, § 5, passed 5-11-2009)

The City Clerk is authorized to approve and pay all claims against the City found by him or her to be covered by appropriated and unencumbered funds of the City and to be in compliance with law, except for those claims required by law to be approved by the City Council for the payment of claims.

(Ord. 448, § 1 (part), passed -- 1974)

Facsimile signatures on checks, drafts, or warrants of the City in lieu of personal signatures are authorized; provided, however, that upon all checks, drafts, or warrants issued for and on behalf of the City, the personal signature of at least one (1) authorized officer shall be required to approve the check, draft, or warrant.

(Ord. 448, § 1 (part), passed -- 1974)

CHAPTER 3.08 Sales and Use Tax

Section

3.08.010 Title

3.08.020 Rate

3.08.030 Operative date

3.08.040 Purpose

3.08.050 Contract with state

3.08.060 Sales tax

3.08.070 Place of sale

3.08.080 Use tax

3.08.090 Adoption of provisions of state law

3.08.100 Limitations on adoption of state law

3.08.110 Permit not required

3.08.120 Exclusions and exemptions

3.08.124 Alternative exclusions and exemptions

3.08.126 Operability of §§ 3.08.120 and 3.08.124

3.08.130 State sales or use tax

3.08.140 Sale of tangible personal property on which gross receipts are taxed

3.08.150 Sale of tangible personal property to operators of waterborne vessels

3.08.160 Use of tangible personal property by operators of waterborne vessels

3.08.170 Sale of tangible personal property to operators of aircraft

3.08.180 United States and foreign governments

3.08.190 Application of §§ 3.08.130 through 3.08.180

3.08.200 Sections 3.08.130 through 3.08.180 inoperative - result

3.08.210 Amendments

3.08.220 Enjoining collection forbidden