Ordinance No. 11291 � 4
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ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTIONS 2.10 THROUGH 2.16 OF
ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF
VERNON, CALIFORNIA, 1959, RELATING TO CLAIMS AND
DEMANDS AGAINST THE CITY AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
JCalifornia; and
WHEREAS, by adoption of Ordinance No. 700 on May 7, 1957, the
City Council of the City enacted regulations regarding presenting,
auditing and payment of demands against the City, which are codified in
Article III of Chapter 2 of the Vernon City Code; and
WHEREAS, certain corrections, additions and amendments are
needed to Article III of Chapter 2 of the Vernon City Code, "Claims and
Demands Against City" in order to clarify inconsistencies, improve the
application of the Vernon City Code provisions and clarify the intent
of the City Council in implementing said provisions; and
WHEREAS, the City Council of the City of Vernon desires to
amend Article III of Chapter 2 of the Vernon City Code to revise
Sections 2.10 through 2.16 of Article III of Chapter 2 of the Code; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Sections 2.10 through 2.16 of Article III of Chapter 2 of the
(Vernon City Code as set forth in Exhibit A which is attached hereto and
incorporated by reference.
SECTION 3: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 4: If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be void or
unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance; it being the intention of the
City Council of the City of Vernon to pass and adopt this Ordinance and
each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections, subsections,
clauses, sentences or phrases thereof may be declared to be invalid or
unconstitutional.
SECTION 5: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this Ordinance and shall post the same, or
cause the same to be posted, within fifteen (15) days after its passage
in accordance with Section 36933 of the Government Code, in three (3)
of the most public places in the City of Vernon, to wit: the northwest
corner of 38th Street and Santa Fe Avenue, the northeast corner of
Leonis Boulevard and Pacific Boulevard, and on the bulletin board
located outside on the wall near the second floor entrance to the City
Hall of said City, located at 4305 Santa Fe Avenue, all in the City of
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Vernon, County of Los Angeles, State of California.
SECTION 6: This Ordinance shall be in full force and effect
thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this 5tn day of March, 2007.
A
HILARIO GONZALE , Mayor Pro-Tem
AfFTEST :
M#NUELA GIRON
Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1129
was duly and regularly introduced at a regular meeting of the City
Council of the City of Vernon, held on Tuesday, February 20, 2007, and
thereafter finally adopted at a regular meeting of the City Council
held on Monday, March 5, 2007, and thereafter was duly signed by the
Mayor Pro-Tem of the City of Vernon, by the following vote:
(SEAL)
AYES:
NOES:
ABSTAINED:
ABSENT:
Councilmen: Mayor Pro-Tem Gonzales, Davis,
McCormick, Ybarra
Councilmen: None
Councilmen: None
Councilmen: yor Malburg
&Z L
MANUELA GIR N
Acting City Clerk
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EXHIBIT
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EXHIBIT "A"
CHAPTER 2. ADMINISTRATION
ARTICLE III. Claims and Demands Against City.1
Sec. 2.10. To be in writing; details; when to be accompanied by
written statement or voucher.
All claims or demands against the city, including all claims for
money or damages against the city governed by Government Code Sections
900 et seq., shall be made in writing and shall set forth in
reasonable detail for what such claim or demand is presented. In case
of materials and supplies, they shall be accompanied by a written
statement or voucher signed by the person ordering the materials or
supplies for which the claim or demand is made or state thereon the
requisition or purchase order number, if any, pursuant to which such
claim or demand is made.
Sec. 2.10-1. Claims; procedures.
(a) All claims for money or damages against the city which are
exempted by Government Code Sections 905 (as it now exists or is
hereafter amended) from the claims procedure in Title 1, Division 3.6,
Part 3 of the Government Code are specifically made subject to this
claims procedure pursuant to Government Code Section 935.
(b) All such claims shall be presented and acted upon within the
same time limitations and in the same manner prescribed by Chapter 1
of Title 1, Division 3.6 of the Government Code (commencing with
1 For state law as to presentation of demands and payment of claims against
cities, see Government Code Sections 37200 to 37208. For state law as to
presentation of claims for money or damages against city, see Government Code
Sections 900, et sec.
fAS1
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Section 900, but excluding Section 905) and Chapter 2 thereof
(commencing with Section 910).
(c) Without limitation to subsection (a) above, such claims
shall include, but not be limited to:
(1) Claims in connection with which the filing of a notice
of lien, statement of claim, or stop notice is required under any
provision of law relating to mechanics', laborers' or materialmen's
liens.
(2) Claims by public employees for fees, salaries, wages,
mileage or other expenses and allowances.
(3) Claims for which the workers' compensation authorized
by Division 4 (commencing with Section 3201) of the Labor Code is the
exclusive remedy.
(4) Applications or claims for any form of public
assistance under the Welfare and Institutions Code or other provisions
of law relating to public assistance programs, and claims for goods,
services, provision or other assistance rendered for or on behalf of
any recipient of any form of public assistance.
(5) Applications or claims for money or benefits under any
public retirement or pension system.
(6) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(7) Claims which relate to a special assessment
constituting a specific lien against the property assessed and which
are payable from the proceeds of such an assessment, by offset of a
claim for damages against it or by delivery of any warrant or bonds
representing it.
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(8) Claims by the state or by a state department or agency
or by another local public entity.
(9) Claims arising under any provision of the Unemployment
Insurance Code, including but not limited to claims for money or
lbenefits, or for refunds or credits of employer or worker
1contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(10) Claims for the recovery of penalties or forfeitures
made pursuant to Article 1 (commencing with Section 1720) of Chapter 1
of Part 7 of Division 2 of the Labor Code.
(d) As a prerequisite to bringing suit against the City of
Vernon on any claim for money or damages subject to this article, a
claim must be filed within the time limitations and in the manner
prescribed herein.,
Sec. 2.11. Filing with clerk; time for filing.
All claims for money or damages against the city governed by
Government Code Sections 900 et sec.., shall be filed with the city
clerk. All other claims or demands against the city shall be filed
with the Finance Director or his authorized designee.
Sec. 2.12. Auditing claims and demands.
The finance director, or his authorized designee, after
receipt of claims or demands against the city, and before presenting
the same to the city council, shall audit the same, giving particular
attention to:
(1) A comparison of the items reflected in such claims or
(demands as compared with the corresponding items set forth in the
requisition, purchase order or contract;
(2) Verification of the receipt of the materials, supplies
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or services covered by the claim or demands, and that the amounts
reflected are due and payable;
(3) The accuracy of the mathematical computations and
extensions.
Sec. 2.13. Preparation of warrants.
The city treasurer, or her authorized designee, shall after
compliance with the preceding section, prepare warrants covering the
claims or demands which he finds to be in order after his examination
thereof and shall cause such warrants to be numbered and listed on
warrant registers prior to presenting the same to the city council for
its audit and approval.
Sec. 2.14. Certification of warrants.
There shall be included in or attached to each warrant register
the affidavit of the city treasurer, or her authorized designee,
certifying as to the accuracy of the demands and the availability of
funds for payment thereof.
Sec. 2.15. Provision for approval, etc., to be made on warrant
register.
Provision shall be made at the bottom of each warrant register
sheet for indication of audit by the city council and the approval or
disapproval by it of any or all warrants listed on such warrant
register sheet.
Sec. 2.16. Payment of warrants.
Upon the presentation of a warrant, properly executed and
endorsed, the city treasurer shall pay the same out of the funds in the
city treasury properly applicable to that purpose.
T
SUPPORTING
DOCUMENTS
r }>
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 13, 2007
TO: Sharon Duckworth, City Treasurer
FROM: Nelly Giron, Acting City Clerk
RE: Ordinance No. 1129 - An Ordinance of the City Council of the
City of Vernon Amending Section 2.10 Through 2.16 of Article
III of Chapter 2 of the Code of the City of Vernon,
California, 1959, Relating to Claims and Demands Against the
City and Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1129 referenced above,
which was approved by City Council on March 5, 2007.
Thank you.
NG:dr
c: Ordinance No. 1129
AFFIDAVIT OF POSTING
I, Manuela Giron, Acting City Clerk, of the City of Vernon do hereby
certify that on the 8th day of March 2007, I did post three copies each
of the following:
ORDINANCE NO. 1129 — An Ordinance of the City Council of the City
of Vernon Amending Sections 2.10 through 2.16 of Article III of
Chapter 2 of the Code of the City of Vernon, California, 1959,
Relating to Claims and Demands Against the City and Repealing all
Ordinance or Parts of Ordinances in Conflict Therewith.
On each of the following places, to wit: on the bulletin board outside
the main entrance to the City Hall of the City of Vernon located at
4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, there being no newspaper of general circulation
printed and publi ed in the City of Vernon.
Date: 3r o
anuela4Gi"ron(
Acting City Clerk
State of California )
)ss
County of Los Angeles)
On Maxcb 13, 2007 before me, Marisol T331jillp
Notary Public, personally appeared Manuela Giron
personally known to me (or proven to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
CERTIFICATE
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES)
I, Manuela Giron, Acting City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
ORDINANCE NO. 1129 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON AMENDING SECTIONS
2.10 THROUGH 2.16 OF ARTICLE III OF CHAPTER 2 OF
THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959,
RELATING TO CLAIMS AND DEMANDS AGAINST THE CITY AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Vernon, County of Los Angeles,
State of California, on this 8th day of March 2007.
SEAL:
Acting City Clerk