Yucca Valley Municipal Code Ch. 3.16 Demands and Claims

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 by California Government Code section 905) which is not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with California Government Code title 1, division 3.6, part 3, chapter 1 (commencing with section 900) and chapter 2 (commencing with section 910). 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 of 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. Pursuant to California Government Code section 935.4, the town manager, or his designee as provided in writing, may allow, compromise, settle or deny a claim against the town in an amount not to exceed fifty thousand dollars ($50,000.00). Upon written order, the treasurer shall issue a warrant to settle or pay a claim in that amount, but not to exceed that amount.

(Ord. 181, 2-9-2006; amd. Ord. 315, 5-7-2024)

Claims against the town shall be paid on demands on the treasury as herein provided on forms to be prescribed by the finance director. (Ord. 132, 8-22-2002)

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 herein or by other provisions of law. (Ord. 3, 11-27-1991)

A. Departmental Approval: 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 said demand is to be charged. (Ord. 3, 11-27-1991; amd. 2000 Code)

B. Approval By Finance Director: Each demand approved by the receiving department or office shall be presented to the finance director who shall satisfy himself whether:

• 1. The claim is legally due and owing by the town;
• 2. There are budgeted or otherwise appropriated funds available to pay said 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. (Ord. 132, 8-22-2002)

A. Prepayment of demands prior to audit by the finance committee and the town council may be made by the finance director in conformity with the authority provided by California Government Code section 37208.

B. Whenever the finance director determines that a 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 prepaid in the same fashion as other demands encompassed within the terms of subsection A of this section. (Ord. 132, 8-22-2002)

Following audit of demands, the finance director shall prepare a register of audited demands showing the claimant's name, amount of demand, warrant number and date thereof, and transmit said register to the town manager for his review and presentation to the town council for ratification. (Ord. 132, 8-22-2002)

The register of demands shall be presented to the town council at the next regular meeting thereof for ratification. (Ord. 68, 4-18-1996)

Before ratification of the register of demands by the town council, the town manager shall endorse the register of demands to signify there was proper processing of demands therein before the town council took action. (Ord. 68, 4-18-1996)