HomeMy WebLinkAboutORD 68AN ORDINANCE OF TRW? CITY COUNCIL Or THE CITY OF
WALK DISLILT, CALIFORNIA, RESCINDING ORDINANCE
NO. S, E.t'I'ADLISNING A PROCEDURE FOR pRF3ENTIf11sMT
OF CLAIMS AND DEMANDS AND FOR THE PAYMENT OF OR
OTUR DISPOSITION OF SANE. UT4914CY ORDINANCE
'The City Council of the City of Palm Desert, California, DOES
>lE1:EBY ORDAIN as fol lows :
SECT_ ION 1. CLAIMS FOR MONEY OR DAMAGES.
As a prerequisite to bringing suit thereon against the
City or any officer, department, commission or board of the City,
any clams for money or damages (including claims which would other-
wise be excepted by Section 905 of the Government Code of Califor-
nia), which is not governed by any other statutes or regulations
expressly relating thereto, shall be presented and acted upon in
accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commenc-
ing with Section 900), and Chapter 2 (commencing with Section 910),
of the Government Code of California. 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 Director of Finance, the
City Council, and other officers to process and pay, in the ordin-
ary course of business, the just obligations of the City, such as
routine salaries and wages, principal and interest on bonds, pay-
ments for purchases, and other like expenditures, for which there
In an express budget appropriation, and in connection with which
there is_no dispute as to the obligation and amount being payable.
SECTION 2. AUDITING PREREQUISITE TO PAYMENT.
No payment shall be made from the City Treasury or out
of the funds of the City unless the demand which is to be paid
Is duly audited as prescribed herein or by other provisions of
law.
SECTION 3. FORMS - BLANKS FOR DEMANDS.
Claims against the City shall be paid on demands on the
treasury as herein provided on forms to be prescribed by the
Director of Finance.
SECTION 4. DEPARTMENTAL APPROVAL OF CLAIMS.
Except for tort claims, every claim and demand received
against the City shall be first presented to and approved in writ-
ing by the receiving department or office, which shall certify to
the actual delivery or rendition of the supplies, materials, prop-
erty 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 bb charged.
SECTION 5. APPROVAL BY DIRECTOR OF FINANCE.
Escb demand approved by the receiving department or
office shall be presented to the Director of Finance who shall
satisfy himself whether:
(1) The claim is legally due and owing by the City;
AMENDED
OY ORDINANCE r..//.%».......«»
~ ORDINANCE NO. 66
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(_) Tbero am budgeted or otherwise appropriated
isads available to pay said elate;
(8) The olais conform to a valid requisition or
order;
(4) The prices and computations sbown on the claim
are Vert flet,
(d) The claim contains the approval of other depart-
ments and officials as required.
sECTION 6. PREPAYMENT or_DF.now.
Prepayment of demands prior to Council approval, may
be suede by the Director of Finance with prior approval of the
City Manager/City Clerk and the Mayor, in conformance with the
authority provided by Section 37208 of the Government Code of
California.
SECTION 7. REGISTER OF DEMANDS.
Following audit of demands the Director of Finance shall
prepare a register of audited demands showing the claimant's name,
amount of demand. the warrant number and date thereof, and transmit
said register to the City Manager/City Clerk for his review and
presentation to the Finance Committee and the City Council, with
his approval or other report.
SECTION 8. CITY COUNCIL APPROVAL.
The register of demands shall be presented to the City
Council at the next regular meeting thereof. The City Council may
by resolution approve, conditionally or partially approve or
reject such register of demands and in connection therewith con-
sider the recommendations of the Finance Committee and the City
Manager/City Clerk.
SECTION 9. RECORD OF APPROVED DEMANDS.
Prior to the approval of the register of demands by the
City Council. the Finance Director shall endorse the register of
demands to indicate that they have been audited and found to be
correct. The City Manager/City Clerk and the Mayor shall endorse
the register of demands to indicate that they have been examined
and approved for payment prior to City Council action.
SECTION 10. 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: Claims
of demands -are presently being made on the City for materials,
supplies and services required by the City, and this procedure is
designed to expedite these payments in a manner consistent with State
law and the principles of good internal control; 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
adoption, and the City Clerk of the City of Palm Desert. California,
is hereby directed to cause this Ordinance to be published once
within fifteen (15) days of adoption in the Palm Desert Post, a
newspaper published and circulated within the City of Palm Desert,
California.
-2.
ORDINANCE NO. ea
` fJ,
This Ordihaboe supereedes and replaces Ordinance No. 3
i adopted no; r 26, 1973, and any other City ordinancow and
r leeolutioss adopted prior to this date in conflict herewith are
', hsreby r�tladed.
PANUD, APPROVED and ADOPTED this Y�Yd day of January ,
IM, by the following vot—
ATXS: AstQa; bassos; McPherson; Clark
NOW: brush
ASSENT: None
ATTEST:
amity Clerk
City of Pala Desert, California