Huntington Park Municipal Code Ch. 2 Claims and Demands

Any claim, bill, or demand against the City shall be itemized, showing the services rendered or materials and supplies furnished to the City, the date of such performance of services or furnishing of supplies, and the price therefor, together with other pertinent details, as the case may be.

(§ 1, Ord. 1603)

Unless presented and filed in the form and within the time provided in this section, no 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 so presented and filed.

(a) Claims for money or damages. Claims for money or damages against the city shall be presented in the manner and within the time specified in Chapter 2 of Part 3 of Division 3.6 Title 1 of the Government Code, as now constituted or as may hereafter be amended.

(b) Claims excepted by Government Code Section 905. Subject only to the exceptions specifically enumerated in Section 3-2.10 of this chapter, all claims and demands for money or damages which are excepted from the claim presentation requirements of Chapter 2 of Part 3 of Title 1 of the Government Code of the State by Section 905 of the Government Code of the State, as now constituted or as may hereafter be amended, shall be presented in the manner and within the time specified in Section 3-2.11 of this chapter.

(c) Other claims. All other claims and demands shall be presented in writing to, and filed with, the Director of Finance within one year after the last item of the account or claim accrued and need not be signed or verified.

(§ 2, Ord. 1603, as amended by § 1, Ord. 255-NS, eff. March 20, 1980, § 2, Ord. 485-NS, eff. May 1, 1991, and § 2 (21), Ord. 624-NS, eff. Dec. 15, 1999)

Claims or demands shall be filed with the Director of Finance who shall audit the same to determine the accuracy of each such claim or demand whether or not the same is a proper charge against the City, and the appropriation and availability of funds for the payment thereof.

(§ 4, Ord. 1603, as amended by § 1, Ord. 255-NS, eff. March 20, 1980)

(a) Preparation. The Director of Finance shall prepare a register of audited claims or demands in the form of a resolution ready for adoption by the Council, setting forth all claims or demands which should be approved and allowed, and shall attach to at least one copy thereof an affidavit certifying to the accuracy of the claims or demands and the appropriation and availability of funds for the payment thereof.

(b) Chief Administrative Officer report and approval. In addition to the affidavit of the Director of Finance, the Chief Administrative Officer shall attach his or her report or approval to such register of claims or demands.

(c) Submission to the Council. The Director of Finance shall then submit such register of audited claims or demands to the Council for approval or rejection.

(§ 4, Ord. 1603, as amended by § 1, Ord. 255-NS, eff. March 20, 1980)

(a) Preparation. The Director of Finance shall prepare a separate written list of all claims or demands which the Director of Finance fails to approve and believes should be rejected in whole or in part, together with the reasons there-for.

(b) Submission to the Council. Such list shall be submitted separately to the Council.

(§ 4, Ord. 1603, as amended by § 1, Ord. 255-NS, eff. March 20, 1980)

(a) Rejection. If the Council finds that any audited claim or demand is not a proper charge against the City, such claim or demand shall be rejected by resolution or minute action, and the fact of rejection shall be plainly endorsed upon the claim or demand by the Director of Finance.

(b) Approval. If any audited claim or demand or register of audited claims or demands is approved, the same shall be allowed by resolution, setting forth for each claim or demand the following information:

(1) The name of the claimant;

(2) A brief statement of the claim or demand;

(3) The amount allowed; and

(4) The designation of the fund from which the claim or demand is to be paid.

(c) Approval or rejection in part. Any claim or demand may be allowed in part and rejected in part by the Council.

(§ 5, Ord. 1603, as amended by § 1, Ord. 255-NS, eff. March 20, 1980)

If any claim or demand is approved or if a register of audited claims or demands is approved, the Director of Finance shall draw warrants upon the City Treasurer, specifying the purpose for which the warrants are drawn and the fund from which they are to be paid. Such warrants shall be signed by the City Treasurer.

(§ 6, Ord. 1603, as amended by § 1, Ord. 255-NS, eff. March 20, 1980)

After a warrant has been drawn and signed as set forth in Section 3-2.07 of this chapter, it shall thereupon become a check in payment of the claim or demand for which it is drawn and shall be delivered to the claimant.

(§ 7, Ord. 1603)

Any claim or demand against the City or against any City officer in his or her official capacity payable from any City fund or any fund under the control of the City Treasurer shall be filed and presented to the Council as provided in this chapter before any suit may be brought thereon. No suit may be brought on any claim or demand until it has been rejected in whole or in part. If the Council refuses or neglects to allow or reject a claim within 45 days after it is filed with the City, the claimant may treat such refusal or neglect as final action and rejection on the one hundredth day.

(§ 3, Ord. 1603, as amended by § 2 (22), Ord. 624-NS, eff. Dec. 15, 1999)

For the purposes of this chapter, salaries and wages of officers and employees of the City shall not be considered to be claims, accounts, bills, or demands against the City.

(§ 1, Ord. 1603)

All claims made subject to the requirements of this section by Section 3-2.02 (b) of this chapter shall be presented in the manner specified in Chapter 2 of Part 3 of Title 1 of the Government Code of the State, as now constituted or as may hereafter be amended, for claims subject to the requirements of that chapter. A claim subject to the requirements of this section relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not less than six months after the accrual of the cause of action. A claim subject to the requirements of this section relating to any other cause of action shall be presented as provided in Article 2 of Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code not later than one year after the accrual of the cause of action. The Council shall take action upon any claim subject to the requirements of this section within 45 days after the claim has been presented. If a claim is amended, the Council shall take action upon the amended claim within 45 days after the amended claim is presented. The claimant and the Council may extend the period within which the Council is required to take action on a claim by written agreement made (a) before the expiration of such period, or (b) after the expiration of such period if an action based on the claim has not been commenced and is not yet barred by the period of limitations provided in Section 945.6 of the Government Code of the State, as now constituted or as may hereafter be amended.

(§ 4, Ord. 485-NS, eff. May 5, 1991, as amended by § 2 (23), Ord. 624-NS, eff. Dec. 15, 1999)