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.
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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.
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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
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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.
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