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Home My WebLink About027130 CITY OF IRWINDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 27 AN ORDINANCE ESTABLISHING A PROCEDURE FOR PRESENTMENT OF CLAIMS AND DEMANDS AND FOR THE PAYMENT OF OR OTHER DIS- POSITION OF SADIE. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Person to Present Claim. No City officer shall, except or is 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', au t, consider or allow or approve any claim, bill or demand against the City unless the same be itemized giving names, 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 furn- ished, the price therefor, and other pertinent details as the case may be. Salaries and wages of officers and employees of the City shall not be considered to be claims, accounts, bills or demands against the City hereunder. No demand shall be audited, passed upon or allowed by the City Council unless made out as prescribed in this ordinance and presented and filed with the City Clerk three days prior to the time of the meeting of the City Council at which it is asked to be allowed. SECTION 3. Presentin and F��__il��i�____n��;. Claims and demands arising out olf� E =a c—la mis and demands not founded upon contract shall set forth the time and place the claim arose, the public property, officers or employees alleged to be at fault, the nature and extent of the injury or damage claimed, and full details as to the nature of the claim, shall be signed and verified to be correct by the claimant or someone authorized by him, and shall be filed with the City Clerk within ninety (90) days after the accident or event occurred. All other claims and demands shall be presented in writing to and filed with the City Clerk within one year after the last item of the account or claim accrued and need not be signed or verified. Unless so presented and filed, 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 filed in the form and within the time herein provided. 131 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 under control of the City Treasurer shall be filed and presen- ted 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 refuses 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 nine- tieth day. SECTION 5. Audit Method of Approval. Each claim or demand shall be pressed To�he CIEy Clerk, who shall cause the same to be stamped showing the date and time 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, without signing, a warrant upon the City Treasurer representing such demand, which warrant shall specify in whose favor it is drawn, the purpose 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 pay- able when executed and approved. 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, 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 the fund and of the bank out of which the warrant is payable, and shall certify thereon by his signature that the demands are correct as to computations and are pay- able out of the funds stated in the amounts set opposite their respective names. SECTION 6. Procedure on Disallowance. The City Clerk shall prepare a separate written list of all claims or demands which he fails to approve and which he believes should 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 demands and warrants, to the Finance Committee of the City Council, who shall audit the same, and if found authorized, correct and legal, shall signify by their signatures upon the register book of demands and warrants, those payments which are approved or disapproved by the Finance Committee. The Finance Committee shall then cause all demands approved or disapproved by the Finance Committee, together with the register book of demands and warrants, including sep- arate sheets of disapproved demands, if any, together with the supporting documents, to be returned to the City Clerk, who shall present the same to the City Council for audit and allowance or disallowance. SECTION 7. Authorization of Demands by Council. All payments presented in accordance w -tF the provis ons of this ordinance shall be audited by the City Council and, if found authorized, correct and legal, shall be allowed by the City Council and ordered paid. Such action of the City Council shall be evidenced by a motion entered in its 132 minutes, stating the number of the demands allowed and the total amount thereof, and the number and the total amount of those disallowed. Any claim or demand may be allowed in whole or in part or rejected in whole or part by the City Council. If any claim or demand is rejected in whole or in part, the fact of such re- jection shall be plainly endorsed upon the claim or demand by the City Clerk. SECTION 8. Forms of Demands and Warrants; Method of Drawing Warra;-Ranual�9�nature e u�red. Ti Fie 7T` ty Coun— c shali by resat on prescribe printed forms for demands and warrants, and shall prescribe a method of drawing warrants or checks in payment of demands allowed or ordered paid as aforesaid;, provided, however, that such method shall require the manual signature of at least one municipal officer who has executed an official bond to the City, covering the faithful performance by such officer of the duties of his office, as provided by Section 37203 of the Govern- ment Code. SECTION 9. UUrgenc Effective Date and Pub- lication. This ordinances here y esig a ed_To_ a an ori for the immediate preservation of public peace and safety, and the facts constituting its urgency are specified as follows: The City of Irwindale was in- corporated on August 6, 1957; claims and demands 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 Irwindale 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 same shall be posted in three public places within the city limits of the City of Irwindale as prescribed by Resolution No. 57-1. ADOPTED this 3rd day of September, 1957. A ST:1 Mayor Ir 7 I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 27 of said City, which was adopted at a regular meeting of said Council on the 3rd day of September, 1957, by the following vote: Ayes DIAZ, MARTINEZ, MIRANDA, TAPIA, ORNELAS Noes NONE Absent NONE I further certify that said ordinance was there- upon signed by the Mayor of the City of Irwindalq. 132 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF IRWINDALE MIKE MARTINEZ, being first duly sworn, deposes and says; !� That he is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On September 4, 1957, he securely and conspic- uously posted at each of the public places in said City, to wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue a copy of Ordinance No. 27 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: September 3, 1957 Subscribed and sworn to before 1, me this 6th day of September 1957 Notary Public in and for said County and State My Commission Expires October 14, 1960