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HomeMy WebLinkAbout1979-08-07; City Council; 1215; CMC 2.20.060/3.32 amends - Claims & demands procedure revision1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 121 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.20.060 AND BY THE AMENDMENT OF CHAPTER 3.32 TO REVISE THE PROCEDURE FOR CLAIMS AND DEMANDS. The City Council of the City of Carlsbad, California, does xdain as follows: SECTION 1: That Title 2, Chapter 2.20, Section 2.20.060 of the Carlsbad Municipal Code is amended by the amendment of Subsection (6) to read as follows: "(6) Property Inventory. He shall supervise the keeping of current inventories of all property of the City by all city fiepartments, offices and agencies. At least once in each fiscal year, and at such other times as by resolution the Council may direct, an inventory shall be made of such personal property snd equipment belonging to the City as is of a permanent nature snd classified as capital investment." SECTION 2: That Title 3, of the Carlsbad Municipal Code is amended by the amendment of Chapter 3.32 to read as follows: "Chapter 3.32 CLAIMS AND DEMANDS Sections: 3.32.010 Payment of Demands 3.32.020 Ratification of Payment 3.32.030 Refunds 3.32.040 Claims for Damage 3.32.010 Payment of Demands Demands, before payment, shall be processed in accordance with the following procedure:, (1) Demands other than payroll demands shall, before payment, be duly certified: (a) By the department head for whom the work was performed, (b) By the Finance Director that such demands conform to the budgetary allowances set forth by the City Council, (2) Payroll demands shall, before payment,be duly certified as follows: (a) The Department heads shall certify or approve depart- mental attendance or payroll records for employees 4 1 2 3 4 5 6 7 E s 1c 11 12 12 14 1E 14 1: 1t 15 2( 21 2: 22 24 2t 24 2: 2t e in their departments. The Finance Director shall certify attendance or payroll records for other officers and employees. (3) After demands have been certified in accordance with :he foregoing, the Finance Director shall prepare warrants upon iunds of the City as authorized by the City Council in appropriate mdgetary and salary resolutions. :he Finance Director shall indicate on each warrant the fund irom which such demands are to be paid and the purpose for which iuch warrant is issued. The Finance Director shall then transmit ,he prepared warrants to the City Treasurer and the Mayor for iignature. stamped facsimile of his signature. For other than payroll warrants, The signature of the Mayor may be affixed by a 3.32.020 Ratification of Payment of Demands The Finance Iirector shall prepare for presentation at each regular City Jouncil meeting a register of demands, which shall represent ill financial demands made upon the City from and after the date )f the last register so prepared, for ratification by the City :ouncil. )f the register of demands. The Finance Director shall attach :hereto an affidavit certifying the accuracy of the demands and :he availability of the funds for payment thereof. 3.32.030 Refunds. (a) When not otherwise prohibited ~y law the City Manager may authorize a refund in an amount lot to exceed $500 and the City Council may authorize a refund for an amount in excess of $500 of all or part of any fee :ollected pursuant to the Carlsbad Municipal Code in accordance sith the procedures of this section. ?aying the fee or by the department head of the requesting de- ?artment, shall be filed with the Finance Director setting Eorth the facts and reasons which justify the request. 2nd forward the request and his recommendation to the City qanager . (d) Dr the City Council, for an amount in excess of $500, may grant the request in whole or in part if they find that: (1) The fee was paid under a mistake of law or fact; or (2) The consideration for which the fee was paid has not been received and the City has no moral claim to the money; or It is inappropriate and inequitable to retain the fee, which in good conscience, equity and justice should be returned; or hardship upon the person paying the fee for which such person is not responsible. shall make the refund." Payroll demands shall be included in a separate portion (b) A written request for refund, signed by the person (c) The Finance Director shall investigate the request The City Manager, in an amount not to exceed $500, (3) (4) A refund is necessary to prevent an extreme (e) Upon receipt of proper authorization, the City Treasurer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 32 19 2c 21 2: 21 24 2: 24 2: 21 3.32.040 Claims for Damage. No claim for damages against the City shall ever be allowed or paid unless there has been first filed with the City Clerk and presented to the Council a claim therefor within six months after the occurrence from which the damages arose. All such claims for damages shall be first verified by the claimant before an officer authorized to administer oaths. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 77th day of July , 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 7th day of August , 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Cas1 er ABSENT : None RONALD C. PACKARD, Mayor IATTEST :