HomeMy WebLinkAbout89-11 CC OrdinanceORDINANCE NO. 89-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, 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 TEMECULA 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. Th City therefore
determines to adopt this Ordinance and to provide for its codification when the Temecula
Municipal Code is prepared.
Section 2. General. The provisions of this ordinance recognize that the general claim
procedures applicable to local public agencies, including this City, are by the provisions of
Chapter 1 of Division 3.6 of the Government Code of the State, commencing with Section 900
and following.
Section 3. Special Claims Procedure. Pursuant to the authority contained in Section 935
of the Government Code of the State, the following claims procedure are established for those
claims against the City for money or damages not now governed by the State or local laws.
(a) Employee Claims. Notwithstanding the exceptions contained in Section 905 of the
Government Code of the State all claims by public officers of employees for fees, salaries, wages,
overtime pay, sick leave pay, and any other expense 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 Section 910 through
915.2 of the Government Code of the State, Such claims shall further by subject to the provisions
of Section 845.4 of the Government Code of the State relating to the prohibition 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 Section 910 through 915.02 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.
Ords 89-11
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 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 b the
Council to the appropriate insurance carrier for handling and further processing.
Section 6. Purchases, Supplies, or Services.
(a) All demands, invoices, or claims for purchases, supplies or services shall be presented
in writing to the City Manager. All such demands, invoices of 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 City Manager, who shall
prepare a register of audited demands. The affidavit of the City Manager shall be attached to such
register, certifying to the accuracy of the register.
(d) Request of demand shall be presented to City Clerk for approval by resolution.
(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 7. Urgency and Effective Date. The City of Temecula 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, 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 8. Within fifteen (15) days of the passage of this ordinance, the City Clerk shall
cause it to be posted in 3 public places as set by Resolution of the City Council and shall certify
to such posting.
Ords 89-11
APPROVED AND ADOPTED this 12th day of December, 1989.
Ronald J. Parks, Mayor
ATTEST:
F. D. Aleshire, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, F. D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Ordinance No. 89-11 was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 12th day of December, 1989, by the following roll call vote.
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore,
Mufioz, Parks
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
C OUNCILMEMBERS: None
F. D. Aleshire, City Clerk
Ords 89-11