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Ordinance 20ORDINANCE N0. 20 AN ORDINANCE OF THE CITY OF CUPERTINO PROVIDING FOR THE PRESENTA- TION, REJECTION, APPROVAL AND PAYMENT OF CLAIMS AND DEMANDS AGAINST THE CITY. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 1. No city officer shall, except for his own service, present any claim, account or demand for allowance against the City, or in any way except in the discharge of his offi- cial 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. The City Council. shall not hear or consider o r allow or approve any claim, bill or demand against the City unless the same be itemized giving names, dates, and particular services rendered, character of 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 furnished, 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. Section 3. Claims and demands arising out of tort and all claims 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 claimand or someone authorized by him, and shall be filed with the City Clerk within ninety (g0) days after the accident or event occured. All other claims and demands shall be presented in writing to and filed with the City Clerk of the City of Cupertino within one (I) year after the last item on the account or claim occurred 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 of Cupertino shall not be liable upon any suit or action based upon any such claim or demand which is not filed in the form and wit hin the time herein provided. Section ~-. 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 presented 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 fo r ninety (90) days after it is filed with the City Clerk, the claimant may treat such refusal or neglect as final action and refection on the ninetieth day. Section 5. Each claim or demand shall be presented by the City Clerk to the officer, if any, who authorized the expenditure, and such officer shall endorse his approval or refection thereon and return the same to the City Clerk. The City Clerk shall present all such claims, whether approved as aforesaid or not, to the City Council for audit, and shall spearately designate to the City Council any claims which have not been approved as aforesaid. The City Council shall audit said claims and demands as required by law. Section 6. If the City Council finds that any claim or demand is not a proper charge against the City, it shall be rejected by resolution or minute motion, and the fact of refection shall be plainly endorsed upon the claim by the City Clerk. If any claim or damand is determined to be a proper charge against the City, the same shall be allowed only by resolution setting forth as to each claim the name of the claimant, a brief statement of the claim, the amount allowed, and a designation of the and out of which it is to be paid. Any claim may be allowed in part and rejected in part by the City Council. Section 7. If any claim or 3emand be approved and allowed by the City Council, the City Clerk shall endorse thereon the words "Allowed by the City Council of the City of Cuper- tino" together with the date of such allowance and for what amount and from what fund, and the City Clerk shall attest the same with his signature. The City Clerk sh~.ll thereupon file the said claim and deliver the warrant therefor to the City Treasurer together with a copy of the resolution allowing the same. Section 8. If any claim or ~~.emand be approved and allowed by the City Clerk, the Mayor shall draw a warrant upon the City Treasurer for the same, which warrant shall be countersigned by the City Clerk and shall specify for what purpose the same is drawn and out of what fund it is to be paid. The said warrant shall be made in form prescribed by the Council. Section g. Except as otherwise provided by law, no warrant shall be drawn or evidence of indebtedness issued unless there be at the time suffi~~ient money in the treasury legally applicable to the payment of the same. Section 10. shall accept the thereupon become i t i s drawn, and Upon presentati~~n to the Treasurer of any warrant drawn and countersigned as aforesaid, the Treasurer same by his sign~~.ture, and the said warrant shall a check in payme:zt of the claim or demand for which shall be delivered to the claimant. POSTING CLAUSE Copy of this Ordinance shall be posted in at least three (3) public places in the City of Cupertino within fifteen (15) days after its passage as provided in Section 36933 of the Government Cede of the State of California. Introduced at a regular meeting of the City Council of the City of Cupertino on the lath day of M~~,y, 1956. Passed and adopted at a regular meeting of the City Council of the City of Cupertino on the 16th day of July, 1956, by the following vote: AYES: Councilmen: Wilson, Li:zdenmeyer, Meyerholz, Nathanson, Saich NOES: Councilmen: None ABSENT: Councilmen : ~ None APPROVED Ls~ Warner M. Wilson Mayor, City of Cupertino A TEST: City Clerk I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex officio clerk of the legislative -~ody of said City do hereby certify that the foregoing is a true and ~~orrect copy of Ordinance No. 20 on file in my office and that the same has been posted or published pursuant to law. IN TNESS WHE OF I have hereunt~~ set my hand and City Seal this ~_ day o f ~'"..~ (,~ , 19. ~ ~, . City Clerk