Loading...
HomeMy WebLinkAboutORD 06 (1989)ORDINANCE NO. 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PROCEDURE FOR THE PAYMENT OF CLAIMS AND DEMANDS AGAINST THE CITY AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Purpose. The City desires to adopt procedures relative to the fiscal affairs of the new City and to provide for the payment of its debts as they come due. The City therefore determines to adopt this Ordinance and to provide for its codification when the Diamond Bar Municipal Code is prepared. '� SECTION 2. General. ` The provisions of this ordinance recognize the general claim procedures applicable to local public agencies, including this City, are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the State, commencing with Section 900 and following. SECTION 1. Special Claims Procedures. Pursuant to the authority contained in Section 935 of the Government Code of the State, the following claims procedures are established for those claims against the City for money or damages not now governed by State or local laws: (a) Employee Claims. Notwithstanding the exceptions contained in Section 905 of the Government Code of the State, all 1 claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and any other expenses or allowances claimed due from the City, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the State relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Council. (b) Contract and other claims. In addition to the requirements of subsection (a) of this section, and notwithstanding the exemptions set forth in Section 905 of the Government Code of the State, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented with the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the State relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Council. 2 SECTION 4. Filing. All claims or demands against the City shall be filed with the City Clerk and shall be presented by the City Clerk to the City Council at the next regular meeting thereof for approval or rejection, whether in whole or in part, if such presentation is required by law. SECTION 5. Claims Covered by Insurance. All claims filed with the City Clerk, which claims are covered by insurance, shall be forwarded by the City Clerk after action thereon by the Council to the appropriate insurance carrier for handling and further processing. SECTION 4. Purchases, Supplies, or Services. (a) All demands, invoices, or claims for purchases, supplies, or services included within budgetary appropriations shall be presented in writing to the City Manager. All such demands, invoices or claims shall be fully itemized and verified as just and correct by the claimant or his authorized agent. (b) Each demand shall bear the number of the purchase order issued for the materials or services rendered. (c) Such demands, invoices, or claims shall be audited by the Director of Finance, who shall prepare a register of audited demands. The affidavit of the Director of Finance shall be attached to such register, certifying to the accuracy of the register. 3 (d) Such demands, invoices, or claims shall be approved by the City Manager and Finance Committee consisting of two designated members of the City Council. (e) All claims approved shall be paid by checks drawn upon the City Treasurer signed by the person(s) designated by resolution of the City Council. SECTION Z. Urgency and Effective Date. The City of Diamond Bar is newly incorporated and will incur debts and liabilities as a result of its governmental operations. In order to continue to function as a viable government entity, it is necessary that the City pay its debts as they come due. The City will be unable to so pay its just and legal debts unless this Ordinance takes effect immediately. This Ordinance is therefore declared to be for the immediate preservation of the public peace, health, and safety and shall take effect immediately as an urgency ordinance. SECTION _q. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be posted within fifteen (15) days after its passage in at least three (3) public locations in the City of Diamond Bar. PASSED, APPROVED, and ADOPTED this 18th day of April, 1989. 4 AYES: COUNCIL MEMBERS: PAPEN, HORCHER, WERNER, MILLER and FORBING NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None A < . / Vis✓ Mayor City of Diamond Bar ATTEST: •:y Clerk I, GEORGE CASWELL , City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on the _1sth day of April , 1989, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of April , 1989. Executed this 19th day of April , 1989 at Diamond Bar, California. GEORCO CASWELL ,City Clerk_^ S\1011\ORDCLAIM 5