Montebello Municipal Code Ch. 3.08 Claims, Demands and Warrants

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.

(Prior code § 2620)

The city council shall not hear or consider or allow or approve any claim, bill or demand against the city unless the same be itemized giving names, dates, and particular services rendered, character of process served and upon whom, distance traveled, character of work done, the number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefor, and 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 hereunder.

(Prior code § 2621)

Claims and demands arising out of tort and all claims and demands not founded upon contract shall set forth the time and place the claim arose, the public property, officers and employees alleged to be at fault, the nature and extent of the injury or damage claimed, and full details as to the nature of the claim, shall be signed and verified to be correct by the claimant or someone authorized by him, and shall be filed with the city clerk within ninety days after the incident or event occurred. All other claims and demands shall be presented in writing to and filed with the city clerk 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 such claim or demand which is not filed in the form and within the time herein provided.

(Prior code § 2622)

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 control of the city treasurer shall be filed and presented to the city council as herein provided 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 city council refuses or neglects to allow or reject a claim for ninety days after it is filed with the city clerk, the claimant may treat such refusal or neglect as final action and rejection on the ninetieth day.

(Prior code § 2623)

A. Any claim for a refund of taxes paid to the city (or for damages associated with the collection of those taxes) which is governed by the claims presentation requirements of the Tort Claims Act, including claims for the refund of business license taxes and development taxes, shall be governed by the procedures of this section.

B. A claim for a refund or associated damages shall be presented to the city within the period required by the Tort Claims Act and the city shall take action on the claim within the periods allowed or required by the Act.

C. A hearing on the claim shall be scheduled before the city council and notice of the hearing shall be mailed to the claimant at least ten days prior to the hearing. All materials and arguments in support of a claim shall be provided to the city five days prior to the hearing, if possible. Additional evidence may be presented to the city council up and through the hearing by following applicable municipal procedures for the presentation of information to the city council on agenda items which are not scheduled as public hearings. The decision of the city council shall be final.

D. In deciding whether to honor a claim, the city council shall determine if a refund or payment would serve the interests of justice and promote the public interest and welfare. The city council shall consider the following factors, among others:

1. Whether the city engaged in miscalculations of a tax or submitted duplicative billings to a taxpayer upon which the taxpayer relied;

2. Whether the claimant bears any responsibility for the wrongful, erroneous or duplicative payment of taxes;

3. Whether the claimant provided notice to the city of the possible claim for refund concurrently with the payment of the tax or immediately upon becoming aware of the facts giving rise to the claim; and

4. The effect a refund or payment would have on the city and its ability to provide public services.

E. No suit for money, damages or a refund may be brought against the city until a timely claim is presented and acted upon by the city council in accordance with the Tort Claims Act. Only the person who filed the claim may bring such a suit and if another person should do so, judgment shall not be rendered for the plaintiff.

(Ord. 2138 § 2, 1996)

All claims shall be made in form substantially as shown in Exhibit 3.08.050.

(Prior code § 2624)

EXHIBIT 3.08.050

DEMAND

(Attach verification if required)

Examined and approved:___________ Officer who authorized expenditure

Allowed by the City Council of the City of Montebello on the ___ day of _______, 20___ by Resolution No._______.

___________ City Clerk

Rejected by the City Council. ___________

City Clerk

The filing of claims or demands upon contracts or purchases directly with the city coordinator or director of finance shall be deemed the equivalent of filing the same with the city clerk. Each claim or demand shall be presented by the city clerk or other officer with whom the same is filed to the city coordinator who shall approve or disapprove the same in writing and then transmit the same to the director of finance. The approval or disapproval of the city coordinator shall be intended only as an assistance to the director of finance in auditing the claim and determining whether or not the same should be allowed. The director of finance shall thereupon audit all claims and demands presented to him 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. He shall prepare a register of audited demands in the form of a resolution ready for adoption by the city 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 the register of audited demands to the city 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 city council.

(Prior code § 2625)

If the city 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 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 city council.

(Prior code § 2626)

If any register of audited demands or any claim or demand be approved and adopted by the city council by resolution as aforesaid, 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 city council and the date of adoption and shall attest the same with his signature and shall deliver the copy so certified to the director of finance as soon as can practicably be done after the adoption of such resolution. The city clerk shall also deliver a copy of such resolution so certified, to the city treasurer.

(Prior code § 2627)

If any claim or demand is approved and allowed by the city council, a warrant upon the city treasurer for the same, which warrant shall be countersigned either manually or by a facsimile signature by the mayor and/or the city clerk and shall specify for what purpose the same is drawn and out of what fund it is to be paid. The warrant shall be made in form substantially as follows:

(Prior code § 2628)

Except as otherwise provided by law, no warrant shall be drawn or evidence of indebtedness issued unless there be at the time sufficient money in the treasury legally applicable to the payment of the same.

(Prior code § 2629)

Upon presentation to the treasurer of any warrant drawn and countersigned as aforesaid, the treasurer shall accept the same by his signature, and 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.

(Prior code § 2630)