Chapter 3.05
FINANCE

Sections:

Article I. General

3.05.010    Special gas tax street improvement fund.

3.05.020    State motor vehicle license fee fund.

Article II. Demands Against City Treasury

3.05.030    Authority.

3.05.040    Claims required.

3.05.050    Form of claims.

3.05.060    Claim prerequisite to suit.

3.05.070    Suit.

Cross references: Taxation, Ch. 3.15.

Article I. General

3.05.010 Special gas tax street improvement fund.

(a) To comply with the provisions of Streets and Highways Code art. 5, ch. 1.05, div. 1, with particular reference to the amendments made thereto by chapter 642, Statutes of 1935, there is hereby created, in the city treasury, a special fund to be known as the “Special Gas Tax Street Improvement Fund.”

(b) All monies received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for or the construction, maintenance, or improvement of streets or highways other than state highways shall be paid into said fund.

(c) All monies in the fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of Streets and Highways Code art. 5, ch. 1.05, div. 1.

(Code 1965, § 8200; Code 2002, § 2-591. Ord. No. 78; Ord. No. 235)

3.05.020 State motor vehicle license fee fund.

(a) To comply with the provisions of chapter 362, Statutes of 1935 of the State of California, there is hereby created in the city treasury a special fund to be known as the “State Motor Vehicle License Fee Fund” (in lieu tax monies).

(b) All monies received by the city from the state under the provisions of said chapter 362, Statutes of 1935 of the State of California, for the purpose of law enforcement and regulation and control of fire protection of highway traffic within the city limits shall be placed into the fund.

(c) All monies in the fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of chapter 362, Statutes of 1935 of the State of California.

(Code 1965, § 8201; Code 2002, § 2-592. Ord. No. 84; Ord. No. 235)

Article II. Demands Against City Treasury

3.05.030 Authority.

The Division is enacted pursuant to Section 935 of the California Government Code.

(Code 1965, § 2500; Code 2002, § 2-611. Ord. No. 395; Ord. No. 687; Ord. No. 03-5)

3.05.040 Claims required.

All claims against the City for money or damages not otherwise governed by the Government Claims Act (California Government Code § 900 et seq.) or another state law (hereinafter in this Division, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or may hereafter be amended, and as further provided by this Division.

(Code 1965, § 2501; Code 2002, § 2-612. Ord. No. 395; Ord. No. 687; Ord. No. 89-4; Ord. No. 03-5)

3.05.050 Form of claims.

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code § 910.

(Code 1965, § 2502; Code 2002, § 2-613. Ord. No. 395; Ord. No. 687; Ord. No. 03-5)

3.05.060 Claim prerequisite to suit.

In accordance with California Government Code §§ 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City prior to the filing of any action on such claims; and no such action may be maintained by a person who has not complied with the requirements of this Division.

(Code 1965, § 2503; Code 2002, § 2-614. Ord. No. 395; Ord. No. 03-5)

3.05.070 Suit.

Any action brought against the City upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City shall conform to the requirements of Sections 950-951 of the California Government Code.

(Code 1965, § 2504; Code 2002, § 2-615. Ord. No. 395; Ord. No. 687; Ord. No. 89-4; Ord. No. 03-5)