Chapter 3.24 — DEMANDS AND CLAIMS

(a)

As a prerequisite to bringing suit thereon against the Town or any officer, department, commission or board of the Town, any claim for money or damages (including claims which would otherwise be excepted Government Code § 905 which is not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Government Code §§ 900 through 907 (Title 1, Div. 3.6, Part 3, Ch. 1) and Government Code §§ 910 through 915.4 (Title 1, Div. 3.6, Part 3, Ch. 2).

(b)

This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Finance Director, the Town Council, and other officers to process and pay, in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

(Prior Code, § 3.16.010; Code 1990, § 3.24.010; Ord. No. 89-18, § 1, 1989)

No payment shall be made from the Town Treasury or out of the funds of the Town unless the demand which is to be paid is duly audited as prescribed in this chapter or by other provisions of law.

(Prior Code, § 3.16.020; Code 1990, § 3.24.020)

Claims against the Town shall be paid on demands on the Treasury, as provided in this chapter, on forms to be prescribed by the Finance Director.

(Prior Code, § 3.16.030; Code 1990, § 3.24.030; Ord. No. 89-18, § 1, 1989)

Except for tort claims, every claim and demand received against the Town shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed; that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based; that the demand in all other respects is proper and valid, and which shall further indicate the budgetary account to which the demand is to be charged.

(Prior Code, § 3.16.040; Code 1990, § 3.24.040; Ord. No. 89-08, § 1, 1989)

Each demand approved by the receiving department or office shall be presented to the Finance Director, who shall satisfy himself or herself whether:

(1)

The claim is legally due and owing by the Town;

(2)

There are budgeted or otherwise appropriated funds available to pay the claim;

(3)

The claim conforms to a valid requisition or order;

(4)

The prices and computations shown on the claim are verified;

(5)

The claim contains the approval of other departments and officials as required.

(Prior Code, § 3.16.060; Code 1990, § 3.24.050; Ord. No. 89-18, § 1, 1989)

(a)

Payment of demands shall be made by the Finance Director in conformance with the authority provided by Government Code § 37208.

(b)

When the Finance Director determines that refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this Code or of any other ordinance of this Town, then any such refund shall be deemed as conforming to the currently approved budget and may be paid in the same fashion as other demands encompassed within the terms of Subsection (a) of this section.

(Prior Code, § 3.16.060; Code 1990, § 3.24.060; Ord. No. 89-18, § 1, 1989)