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CHAPTER 13 Title 1 Finance CHAPTER 13 FINANCES SECTION: 1-13-1: Presentment and Allowance of Claims 1-13-2: Tort Claims 1-13-3: Acceptance of Payment 1-13-4: Payment of Claims 1-13-5: Register of Warrants 1-13-6: Payment of Registered Warrants 1-13-7: Canceled Warrants to be Filed 1-13-8: Designation of Depositories 1-13-9: Deposit of Public Funds by Treasurer 1-13-10: Certification of Depositories by Council 1-13-11: Investment of Idle Funds 1-13-12: Compliance with State Laws 1-13-13: Surplus Personal Property Disposition 1-13-1: PRESENTATION AND ALLOWANCE OF CLAIMS: A. All claims for payment for goods or services for which a written purchase order or contract has been duly approved or authorized by the Council shall be filed with the City Clerk prior to payment thereof. All such claims shall be reviewed by the City Clerk and shall be certified as correct prior to submission to the Council. B. All bills shall be accepted, certified for payment and paid within sixty (60) calendar days after the billing is delivered to the Clerk, unless the claimant and the City have agreed by written contract for a longer period of time in which payment is to be made. C. All claims, accounts or invoices shall state in detail the nature of each item for which payment is sought, the date the same became due and shall be accompanied by an affidavit of the claimant or his authorized agent stating that the service was performed or that the article was furnished as therein stated, or that the liability has accrued and that the same is a just and correct statement of the claim. D. All claims for which payment has not been made within the time frame set forth above shall bear interest at the rate provided in Section 63-3045, Idaho Code, unless a different rate of interest or date of accrual has been agreed upon in writing between the City and the claimant. E. Unless otherwise agreed in writing, no payment shall be made for partial deliveries or partial completion of any services. Page 1 of 4 FINANCE REVISED 8-20-2009 F. Upon presentation of the claim to the Council, the claim may be allowed in whole or in part, and if rejected, it shall not be again considered by the Council except upon a majority vote of the whole Council to reconsider the claim. G. Payment of such claims shall in all other respects conform to the provisions of Idaho Code Section 67-2302. 1-13-2: TORT CLAIMS: All claims for damages against the City shall be filed with the Clerk within the time and in the manner specified by Chapter 9, Title 6, Idaho Code. When the claim is filed, the Clerk shall date stamp the claim and execute an acknowledgment of the receipt of the claim. A claim shall be considered filed upon delivery of the claim to the Clerk and upon delivery to the claimant of a date stamped, acknowledged copy of the claim. 1-13-3: ACCEPTANCE OF PAYMENT: Whenever the Council orders payment of any claim, whether in whole or in part, acceptance of any warrant or check by the claimant shall be considered a settlement in full of said claim, and the same shall not be presented for further allowance, unless upon an affirmative vote of three-fourths of the members of the full Council. 1-13-4: PAYMENT OF CLAIMS: All claims allowed against the City shall be paid by warrant or check drawn upon the Treasurer, and signed by the Mayor, with the corporate seal of the City affixed thereto. Such warrants or checks shall also contain a statement of the amount of the appropriation and such other information as will adequately identify the claim. 1-13-5: REGISTER OF WARRANTS: The Clerk shall keep a register of all warrants drawn on the Treasurer showing the number, the date and the name of the payee, for what drawn, and upon what fund. Upon the return of the canceled warrant, the Clerk shall note in the register the date of their return. 1-13-6: PAYMENT OF REGISTERED WARRANTS: The Treasurer shall keep a register of the warrants showing the number, date, amount of each warrant, the name of the payee, for what drawn, the funds on which drawn, the date of presentment, the date of payment, and the amount paid thereon. Should any warrant be presented for payment and sufficient funds are not available to pay the same, the Treasurer shall sign the warrant and endorse thereon the words: "Presented but not paid for want of funds," giving the date of presentation and specifying the rate of interest such warrant shall draw. All warrants shall be paid in the order of presentation and registered by the Treasurer out of the appropriate funds. All warrants shall be canceled by the Treasurer when paid and shall be returned to the Clerk. Page 2 of 4 FINANCE REVISED 8-20-2009 1-13-7: CANCELED WARRANTS TO BE FILED: Canceled warrants returned by the Treasurer shall be filed in the office of the Clerk. 1-13-8: DESIGNATION OF DEPOSITORIES: The following financial institutions are hereby designated as the official depositories of the City: Bank of Commerce, First Security Bank of Idaho, Key Bank of Idaho and US Bank. Notwithstanding the foregoing, the Council may designate other depositories by ordinance or resolution. 1-13-9: DEPOSIT OF PUBLIC FUNDS BY TREASURER: Except where public moneys in the custody of the Treasurer at any one time are less than $1,000, the Treasurer shall deposit, and at all times keep on deposit, in such designated depositories or in the Treasurers Fund of the State of Idaho, all public moneys coming into his hands. In no case shall the deposit or deposits of public funds of the City in such depositories exceed at any one time in the aggregate the total of the capital and surplus or reserves and unallocated or undivided earnings, as applicable of any such depository. 1-13-10: CERTIFICATION OF DEPOSITORIES BY COUNCIL: Not less than once every six (6) months the City Council shall certify to the Treasurer the capital and surplus or reserves and unallocated or undivided earnings, as applicable, of each public depository into which public moneys have been deposited. Such certificates shall be immediately served on the Treasurer following their approval by the City Council. 1-13-11: INVESTMENT OF IDLE FUNDS: The Treasurer is hereby authorized and empowered to invest surplus or idle funds of the City in any investment permitted by Idaho Code Section 67-1210, and interest received on all such investments, unless otherwise required by law or ordinance, shall be paid into the general fund of the City. 1-13-12: COMPLIANCE WITH STATE LAW: The deposit and investment of all public moneys of the City shall conform in all respects to the Idaho Public Depository Law, as set forth in Chapter 1, Title 57, Idaho Code. 1-13-13: SURPLUS PERSONAL PROPERTY DISPOSITION: The City Council shall have the power and authority to sell or offer for sale at public auction any personal property belonging to the City not necessary for the operation of the City. A. A resolution with general descriptions of property to be sold shall be passed by the City Council approving any proposed auction or selling of personal property, said resolution shall provide for the destruction of the property in the event the property fails to be sold. B. In the event the City Council determines certain personal property to be of no value, a resolution for disposition shall be approved in which such items shall be disposed of in the manner provided for in said resolution. C. Prior to offering the property for sale, the City Council shall advertise notice of the Page 3 of 4 FINANCE REVISED 8-20-2009 auction in a newspaper, as defined in section 60-106, Idaho Code, either published in the City or having a general circulation in the City, not less than ten (10) calendar days prior to the auction. However, personal property not exceeding two-hundred fifty dollars ($250) in value may be sold at private sale without notice or public auction. D. Proceeds from the sale of personal property shall be paid into the City treasury for the general use of the City. E. In addition to the purchase price, a purchaser of City property shall pay all fees required by law for the transfer of property. F. All surplus personal property sold at auction or otherwise shall be paid in full by negotiable funds at time of property transfer. G. In addition to any other powers granted by law, the City Council may at their discretion, grant to or exchange with the federal government, the state of Idaho, any political subdivision or taxing district of the state of Idaho or any local historical society, or any other not-for-profit (nonprofit) corporation or like entity which is registered or incorporated in Idaho, with or without compensation, any personal property owned by the City, after adoption of a resolution by the City Council that the grant or exchange of property is in the public interest. Notice of such grant or exchange shall be as provided in section 60-106, Idaho Code. H. No City employee or immediate family member of a City employee or City Official shall bid at auction or purchase personal property being sold by the City. I. Any resolution required by this section may be approved at any regularly or specially scheduled meeting of the City Council. Page 4 of 4 FINANCE REVISED 8-20-2009