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Home My WebLink AboutORD 0310 11 12 is 14 ' 16 17 111 19 20 21 22 23 24 25 26 2l 28 29 30 31 n 0 ORDINANCE NO. 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ESTABLISHING A PROCEDURE FOR PRESENTMENT OF CLAIMS AND DEMANDS AND FOR THE PAYMENT OF OR OTHER DISPOSITION OF SAME. The City Council of the City of Palm Desert, California. DOES HEREBY ORDAIN as follows: SECTION 1. PERSON TO PRESENT CLAIM. 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. SECTION 2. CLAIMS TO BE ITEMIZED. The City Council shall not hear, credit, audit, consider or allow or approve any claim, bill or demand against the City unless the same be itemized giving nantes, dates, and particular services rendered, character or 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 detail's as the case may be. Salaries and wages of officers and employees of the City shall not be considered to be claims, account, bills or demands against the City hereunder. No demand shall be audited, passed upon or e:1o.%ed by the City Council unless made out as prescribed in this Ordinance ant ;,esented and filed with the City Clerk one (1) day prior to the time of ;':e meeting of the City Council at which it Is asked to be allowed. SEA !0N 3. PRESENTING AND FILING The presentment and processing of claims and demands, to r:h:c!i Part 3 of Division 3.6 of Title 1 of the Government Code of the State of Cet;!ornla is applicable, shall be governed by the pi ovisions therein contained. All other claims and demands shall be presented in wAting and shall be filed with the City Clerk within one (1) year after the last 1%,m of the account or claim shall have occurred, and shall be signed and vert"ed. Unless so presented, filed and processed as provided in said Part o.• in this Ordinance, 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 presented, filed, and processed in the form and within the time herein referred to or provided. SECTION 4. SUIT. 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 uncer 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 refused or neglects to allow or reject a claim for ninety (90) 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 (90th) day. .)-071x. 1 1 1 SECTIONS. AUDIT METHOD OF APPROVAL. = Each claim or demand shall be presented to the City Clerk, who shall cause On same to be stamped showing the date of filing, and he shall examine and verify It as to its validity, accuracy, certification, and the availability of funds for payment thereof. He shall prepare for approval, 4 without signing. a warrant upon the City Treasurer representing such demand. which warrant shall specify in whose favor it is drawn, the purpose i for which It Is drawn, and the amount thereof, together with the name of the fund and of the bank out of which It is payable when executed and approved. S The City Clerk shall note such demands and warrants which he determines should be approved or allowed upon a register book of demands and warrants, T setting forth the number of the demand and warrant, in whose favor the warrant Is drawn, and the amount thereof, together with dates and the name of I the fund and of the bank out of which the warrant Is payable, and shalt certify thereon by his signature that the demands are correct as to computations and 9 are payable out of the funds stated in the amounts set opposite their respective names. 10 11 SECTION 6. PROCEDURE ON DISALLOWANCE. 12 The City Clerk shall prepare a separate written list of all claims or demands which he falls to approve and which he believes should 13 be rejected In whole or in part, together with his reasons therefor, and such list shall be submitted separately, together with the register book of 14 demands and warrants, to the Finance Committee of the City Council. who shall audit the same, and if found authorized, correct, and legal, shall IS signify. by their signatures upon the register book of demands and warrants, those payments which are approved or disapproved by the Finance Committee. 16 The Finance Committee soail then cause all demands approved or disapproved by the Finance Committee together with the register book of demands and 17 warrants, including separate sheets of disapproved demands, if any, together with the supporting documents, to be returned to the City Clerk, i6 who shall present the same to the City Council for audit and allowance or disallowance. 19 20 SECTION 7. AUTHORIZATION OF DEMANDS BY COUNCIL. 21 All payments presented in accordance with the provisions of this Ordinance shall be audited by the City Council, and, if found 22 authorized, correct, and legal, shalt be allowed by the City Council and ordered paid. Any claim or demand may be allowed In whole or in part or 23 rejected in whole or in part by the City Council. If any claimer demand is rejected in whoe or part, the fact of such rejection shall be plainly endorsed 24 upon the claim or demand by the City Clerk. 25 SECTIONS. FORMS OF DEMAND AND WARRANTS; METHOD OF DRAWING WARRANTS; MANUAL: SIGNATUFt ED. 26 27 The City Council shall by resolution prescribe a method of drawing warrants or checks in payment of demands allowed or order paid 26 as aforesaid; provided, however, that such method shall require the manual signature of at least one municipal officer who has executed an 29 official bond to the City, covering the faithful performance by such officer of the duties of his office, as provided by Section 365 A of the 90 Government Code. I. SECTION 9. 13OND PAYMENTS. n Nothing In this Ordinance shall be construed as preventing -2- OR D. 3 Q. 1 1 1 1 t S 4 t t • 9 10 11 12 13 14 is 16 17 1 is 19 20 21 22 25 24 26 26 2f 26 20 so u as the payment by the City Treasurer of the bonded Indebtedness of the City and the Interest coupons thereof, or payment on account of street Itaprovelt bonds and coupons in accordance with the taws authorizing the Issuance of bonds. SECTION 10. SEVERABILITY. If any section. subsection, subdivision, sentence, clause or phrase of this Ordinance Is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that It would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof. Irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION 11. URGENCY, EFFECTIVE DATE, AND PUBLICATION. This Ordinance is hereby designed to be an Ordinance for the immediate preservation of public peace and safety, and the facts constituting its urgency are specified as follows: The City of Palm Desert was incorporated on November 26, 1973; claims of demands have been or will soon be made on the City for materials, supplies, and services required by the City; it Is immediately essential to the public Interest, welfare, and the affairs of the City of Palm Desert that an orderly procedure for the presentation and payment or other disposition of claims and demands be established. This Ordinance shall take immediate effect after the date of its edoption, and the same shall be posted in three public places within the City Limits of the City of Palm Desert, as prescribed in Resolution No. PASSED AND ADOPTED this 25ttlay of November 1973. by he following vote: AYES. Mayor Clark, Councilwoman Benson, Councilmen Aston, Brush, McPherson NOES: None ABSENT: None ATTEST: LT�y Clerk y o a m eser , allfornis OR D. 3 -3-