Montana § 7-6-4301 Presentation Of Claims Against Municipality

Montana Statutes

§ 7-6-4301 — Presentation Of Claims Against Municipality

Montana·Title 7 LOCAL GOVERNMENT·Ch. 6 FINANCIAL ADMINISTRATION AND TAXATION·Part 43 Claims Against Municipalities

7-6-4301 . Presentation of claims against municipality.

(1)All accounts and demands against a city or town must be presented to the council in an itemized format. These claims must be presented with all necessary and proper vouchers within 1 year from the date the claims accrued. An action may not be maintained against the city or town for or on account of any demand or claim against the city or town until the demand or claim has first been presented to the council.

(2)Payment of claims against a city or town may be authorized by the council when:

(a)payee-signed claims have been issued to the city or town and the payee has attested in the claim to its accuracy and that the payee has not received the claimed amount; or

(b)the payee has provided the city or town with an invoice or other

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7-6-4301 . Presentation of claims against municipality. (1) All accounts and demands against a city or town must be presented to the council in an itemized format. These claims must be presented with all necessary and proper vouchers within 1 year from the date the claims accrued. An action may not be maintained against the city or town for or on account of any demand or claim against the city or town until the demand or claim has first been presented to the council.
(2) Payment of claims against a city or town may be authorized by the council when:
(a) payee-signed claims have been issued to the city or town and the payee has attested in the claim to its accuracy and that the payee has not received the claimed amount; or
(b) the payee has provided the city or town with an invoice or other document identifying the quantity and total cost for each item included on the invoice.
(3) All bills, claims, accounts, or charges for materials of any kind that are purchased by and on behalf of a city or town by its department heads or officers must be reviewed by the city or town finance director or the city or town clerk before submission to the council.
(4) A claim or demand not presented within the time provided in subsection (1) is forever barred, and the council has no authority to allow any account or demand not presented as provided in this section.

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Legislative History

En. Sec. 4812, Pol. C. 1895; re-en. Sec. 2, Ch. 30, L. 1903; re-en. Sec. 3288, Rev. C. 1907; re-en. Sec. 5078, R.C.M. 1921; re-en. Sec. 5078, R.C.M. 1935; amd. Sec. 1, Ch. 55, L. 1957; amd. Sec. 25, Ch. 566, L. 1977; R.C.M. 1947, 11-1301(part); amd. Sec. 1, Ch. 176, L. 1985; amd. Sec. 493, Ch. 61, L. 2007.