Ridgecrest Municipal Code Div. 3 Claims and Demands

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State Law reference— Claims against public entities, Government Code § 900 et seq.; municipal claims procedures, Government Code § 935.

(a) All claims for money or damages against the city shall be presented within the time limitations and in the manner prescribed by Government Code title 1, div. 3.6, pt. 3 (Government Code § 900 et seq.).

(b) As a prerequisite to bringing suit against the city, any claim against the city for money, including any claim presented by or on behalf of the city employees, shall be presented and acted upon in accordance with the provisions of Government Code title 1, div. 3.6, pt. 3 (Government Code § 900 et seq.) and Government Code title 1, div. 3.6, pt. 3, ch. 2 (Government Code § 910 et seq.).

(Code 1980, § 3-7.101)

Each claim or demand shall be presented by the city clerk to the department head, if any, who authorized the claim or demand for his written approval thereof, and each claim and demand shall thereafter be presented to the city clerk for his certification as to the accuracy of the claim or demand and the availability of funds for its payment. All such claims and demands shall be forwarded by the city clerk to the council for audit. The council shall audit such claims and demands as required by law.

(Code 1980, § 3-7.102)

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

(Code 1980, § 3-7.102)

(a) If any claim or demand is determined to be a proper charge against the city, the claim or demand shall be allowed only by a resolution or minute order of the council setting forth as to each claim the name of the claimant, a brief statement of the claim and the amount allowed.

(b) Any claim may be allowed in part and rejected in part by the council.

(c) If any claim or demand shall be approved or allowed by the council, the city clerk shall endorse upon each of the duplicate copies thereof the words, "Allowed by the city council of the City of Ridgecrest." The resolution or minute order approving the claim or demand, its amount, and the fund it is drawn against shall be attached thereto, and the city clerk shall attest to the same with his signature.

(Code 1980, § 3-7.104)

(a) If any claim or demand shall be approved and allowed by the council, the mayor or mayor pro tem shall draw a warrant for it upon the city treasury, or the mayor or mayor pro tem shall draw a check upon the proper city account, which warrant or check shall be countersigned by the city clerk and the city treasurer and shall specify for what purpose the claim or demand is drawn and from what fund it is to be paid.

(b) The method of drawing warrants and checks in the city shall be as prescribed by resolution of the council.

(Code 1980, § 3-7.105)

Except as otherwise provided in this Code, no warrant or check shall be drawn on evidence of indebtedness unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the indebtedness.

(Code 1980, § 3-7.106)

Upon presentation of the city warrant, properly executed and endorsed, the city treasurer shall pay the warrant out of the funds of the city treasury properly applicable to that purpose.

(Code 1980, § 3-7.107)

If the council finds that any claim or demand is not a proper charge against the city, the claim or demand shall be rejected by resolution or minute action, and the fact of rejection shall be plainly endorsed upon the claim by the city clerk or his authorized representative. Any person may appear before the council and oppose the allowance of any claim or demand made against the city.

(Code 1980, § 3-7.108)

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 duties, advocate the relief asked in the claim or demand made by any other person.

(Code 1980, § 3-7.109)

The city manager may approve, deny or approve in part, claims which seek $750.00 or less from the city. The city manager shall present a monthly report to the city council which identifies each claim handled by the city manager under this section and which states the action taken by the city manager.

(Code 1980, § 3-7.110; Ord. No. 90-04, § 2)