Maywood Municipal Code Ch. 2 Claims and Demands

Any claim, bill, or demand against the City shall itemize the services rendered or materials and supplies furnished to the City, giving the date of such performance or supplies and the price therefor, together with other pertinent details, as the case may be. Salaries and wages of officers and employees of the City shall not be considered to be claims, accounts, bills, or demands against the City and shall be excluded from the provisions of this chapter.

(§ 1, Ord. 604)

Claims and demands arising out of tort and all claims and demands nor founded upon contract shall be presented in the manner and within the time specified in Article 1 of Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State, as now constituted or as may here after be amended. All other claims and demands shall be presented in writing 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. Unless so presented and filed, no such 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 filed in the form and within the time provided in this section.

(§ 2, Ord. 604)

Any claims or demands filed with the City Clerk shall be presented to the Director of Finance. The Director of Finance shall then audit all claims and demands presented to him directly or through the City Clerk to determine the accuracy of each such demand, whether or not the same is a proper charge against the City, and the appropriation and availability of funds for the payment thereof. The Director of Finance shall prepare a register of audited demands in the form of a resolution ready for adoption by the Council, setting forth all demands which should be approved and allowed, and shall attach to at least one copy thereof his affidavit certifying as to the accuracy of the demands and the appropriation and availability of funds for the payment thereof. He shall then submit such register of audited demands to the Council for approval or rejection. The Director of Finance shall prepare a separate written list of all claims or demands which he fails to approve and which he believes should be rejected in whole or in part, together with his reasons therefor, and such list shall be submitted separately to the Council.

(§ 4, Ord. 604)

If the Council finds that any audited claim or demand is not a proper charge against the City, it shall be rejected by resolution or minute action, and the fact of the rejection shall be plainly endorsed upon the claim by the City Clerk. If any audited claim or demand or register of audited demands is approved, the same shall be allowed by resolution, setting forth as to each claim the name of the claimant, a brief statement of the claim, the amount allowed, and a designation of the fund out of which it is to be paid. Any claim may be allowed in part and rejected in part by the Council.

(§ 5, Ord. 604)

If any register of audited demands or any claim or demand shall be approved and adopted by the Council by resolution as set forth in Section 3-2.04 of this chapter, the City Clerk shall endorse upon a copy of such resolution a certificate setting forth the fact that it is a true copy of a resolution adopted by the Council, and the date of adoption, and shall attest the same with his signature and deliver the copy so certified to the Director of Finance as soon as can practically be done after the adoption of such resolution.

(§ 6, Ord. 604)

(a) Drawing. If any claim or demand shall be approved, or if a register of audited demand shall be approved, the Director of Finance shall draw a warrant or warrants upon the City Treasurer, specifying the purpose for which the same are drawn and the fund out of which they shall be paid. Such warrant or warrants shall be signed by the City Treasurer and the Mayor or the Director of Finance. One of the two (2) signatures required by the provisions of this subsection shall be a manual signature.

(b) Signature and delivery. After a warrant has been drawn and signed as set forth in subsection (a) of this section, the warrant 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 and 8, Ord. 604, as amended by § 1, Ord. 67-23, eff. June 22, 1967)

Any claim or demand against the City or against any City officer in his official capacity, payable out of 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 until it has been rejected in whole or in part. If the Council refuses or neglects to allow or reject a claim for 100 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. 604)