Walnut Creek Municipal Code Art. 2 Claims Against the City

The Director of Finance shall prepare warrants on the City treasury for the payment of claims against the City when such claims have been legally and properly established, as provided in this article, or have been approved by an affirmative vote of at least three (3) members of the Council, or the City Attorney as provided in this article, provided there is sufficient money in the City treasury to pay such warrants and a sufficient unencumbered balance in the appropriation chargeable therewith.

Claims for transportation expenses and allowances submitted in connection with traveling on official business shall be allowed by the Director of Finance only when such claims are submitted in conformity with the rules and regulations established for that purpose.

(2320)

The Director of Finance shall examine all payrolls, bills, claims and other demands against the City and shall issue no warrant for payment unless the claim is in proper form, correctly computed and approved by him, is legally due and payable, an appropriation has been made therefor which has not been exhausted, and unless there is sufficient money in the City treasury to make payment.

(2321)

Director of Finance may pay claims for which appropriations have previously been made, when the claim was incurred by purchase order, as provided in this chapter, or by agreement approved by the Council, or upon recommendation of the City Attorney when the claim does not exceed Two Hundred Fifty and no/100ths Dollars ($250.00). No other claims shall be paid without approval of the Council. The Director of Finance shall personally sign an approval of all claims paid, and a monthly report of such payments shall be made to the Council.

(2322)

Neither the Council nor any officer or employee of the City shall create, audit, allow or permit to accrue any debt or liability for any purpose in excess of the available monies in the treasury legally apportioned or appropriated for that purpose.

(2323)

All claims against the City, other than those authorized by the Council, departments or executive officers thereof, shall be itemized and verified under oath, before any officer duly authorized to administer oaths, before the same are filed with the City Clerk. The City Clerk is hereby authorized to administer the oath hereby required.

(2324)

Claims against the City of Walnut Creek for money or damages which are exempted by Government Code Section 905 of Chapter 1 and Chapter 2 of Part 3 of Division 3.6 from Title 1 of the Government Code of the State of California, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this section.

Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title I of the Government Code, written agreements entered into by or on behalf of the City of Walnut Creek may provide all claims arising out of or related to the agreement must be presented not later than six (6) months after the accrual of the cause of action, and such claims shall be governed by the provisions of this section.

No suit for money or damages may be brought against the City of Walnut Creek until a written claim therefor has been presented to the City Council and has been acted upon, or has been deemed to have been rejected by the City Council in accordance with this section.

(§ 1, Ord. 1694, eff. 9/16/1988)