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Home My WebLink AboutORD 1009ORDINANCE NO. 1009 CLAIMS AGAINST THE CITY CLAIM AGAINST THE CITY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING CHAPTER 3.12 AND ADDING CHAPTER 3.14 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA RELATING TO CLAIMS AND DEMANDS FOR MONEY OR DAMAGES WHEREAS, the City Council of the City of Palm Desert, California has become aware of the benefits arising from a formalized procedure for disputed claims and demands. Council now desires to establish such a procedure by amending the existing chapter addressing claims and demands to cover only claims in the ordinary course of business and by creating a new chapter to address disputed claims and demands. NOW, THEREFORE, the City Council does hereby ordain as follows: Section 1. Chapter 3.12 being the same, is hereby amended and restated in its entirety as follows: "Chapter 3.12 ORDINARY CLAIMS AND DEMANDS Sections: 3.12.010 Ordinary Claims for Payment. 3.12.020 Auditing Prerequisite to Payment. 3.12.030 Forms - Blanks for Demands. 3.12.040 Departmental Approval of Claims. 3.12.050 Approval by Director of Finance. 3.12.060 Prepayment of Demands. 3.12.070 Register of Demands. 3.12.080 City Council Approval. 3.12.090 Record of Approved Demands. 3.12.010 Ordinary Claims for Payment. This chapter shall relate only to the authority of the Director of Finance, the City Council, and other officers to process and pay, in the ordinary course of business, the just obligations of the City, principal and interest on bonds, payments for 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. Salaries and wages are payable in the ordinary course of business without the procedures as set forth. Ordinance No. 1009 3.12.020 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 processed as prescribed in this chapter or by other provisions of law. 3.12.030 Forms - Blanks for Demands. Claims against the City shall be paid on demands on the Treasury as in this chapter provided on forms to be prescribed by the Director of Finance. 3.12.040 Departmental Approval of Claims. Every claim and demand received against the City 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 the demand is to be charged. am% 3.12.050 Approval by Director of Finance. %.0 Each demand approved by the receiving department or office shall be presented to the Director of Finance who shall satisfy himself whether: A. The claim is legally due and owing by the City; B. There are budgeted or otherwise appropriated funds available to pay the claim; C. The claim conforms to a valid requisition or order; D. The prices and computations shown on the claim are verified; E. The claim contains the approval of other departments and officials as required. 3.12.060 Prepayment of Demands. Prepayment of demands prior to Council consideration may be made by the Director of Finance with prior approval of the City Manager and the Mayor, in 00% conformance with the authority provided by Section 37208 of the Government Code. 2 RMPUBUC n 187358 Ordinance No. 1009 3.12.070 Register of Demands. Following processing of demands the Director of Finance shall prepare a register of demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit the register to the City Manager for his review and presentation to the City Council, with his approval or other report. 3.12.080 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 motion, order, or resolution approve, conditionally or partially ratify or reject such register of demands and, in connection therewith consider the recommendations of the City Manager. 3.12.090 Record of Approved Demands. Prior to the ratification of the register of demands by the City Council, the Finance Director shall endorse the register of demands to indicate that they have been processed and found to be correct. The City Manager 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 2. Chapter 3.14 is hereby added to the Code of the City of Palm Desert to read as follows: "Chapter 3.14 DISPUTED CLAIMS AND DEMANDS Sections: 3.14.010 Authority. 3.14.020 Disputed Claims for Money or Damages. 3.14.030 Claims Required. 3.14.040 Claim Prerequisite to Suit. 3.14.050 Person Presenting Claim. 3.14.060 Contents of Claim. 3.14.070 Legal Actions. 3.14.010 Authority. The Chapter is enacted pursuant to Section 935 of the California Government Code. 3 RMPUBWT�187358 Ordinance No. 1009 3.14.020 Disputed Claims for Money or Damages. This chapter shall relate only to disputed obligations, claims, and demands, setting forth the procedures for asserting such disputes or related lawsuits. 3.14.030 Claims Required. All claims against the City for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this chapter, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of the Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. 3.14.040 Claim Prerequisite to Suit. In accordance with California Government Code Section 935(b), all claims shall be presented as provided in this section and acted upon by the City Council prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this chapter. If the City Council refuses or neglects to allow or reject a claim for forty-five (45) days after it is filed with the City Clerk, the claimant may treat such refusal or neglect as final action and rejection on the forty-fifth day. 3.14.050 Person Presenting Claim. All claims shall be made in writing and verified b guardian, conservator, executor or administrator. No cl class of persons unless verified by every member of section. No City officer shall, except for his own service, demand for allowance against the City, or in any way, official duty, advocate the relief asked in the claim or person. 3.14.060 Contents of Claim. y the claimant or by his or her aim may be filed on behalf of a that class as required by this present any claim, account or except in the discharge of his demand made by any other A. All claims shall contain the information required by California Government Code Section 910. B. A claim concerning a tax, assessment or fee directly or indirectly paid to the City shall also be accompanied by written records establishing the amount thereof and the person who made the payment. 4 RMPUBvcTl1 s7358 om .,. 9s Ordinance No. 1009 3.14.070 Legal Actions. Any action brought against the City of Palm Desert upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City of Palm Desert shall conform with the requirements of Sections 950-951 of the California Government Code." Section 3. It is the intent of the City that the claim requirements of this Chapter 3.14 be given retroactive effect; provided, however, that any claims which arose prior to the commencement of the one year claims period of the chapter, and which are not otherwise barred by a then -applicable statute of limitations or claims procedure, must be filed within ninety (90) days following the effective date of this ordinance. Section 4. If any provision, clause, sentence or paragraph of this Ordinance, or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. This Ordinance amends, adds to, or deletes (as applicable) sections of the Code of the City of Palm Desert. Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once and the same shall be in full force and effect thirty (30) days after its adoption. // // // // // // // // // H // // // // // // // 5 RMPUBVCnl87358 Ordinance No. 1009 PASSED, APPROVED AND ADOPTED this 24th day of January 2002, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RI RD S. KELLY, Mayor am% ATTEST: By: c -G&I City of Palm Desert, California `� APPROVED AS TO FORM: By: ;'w- DAVID J. OWIN, City Attorney City of Palm Desert, California am 6 %o e RMPUBVM187358