§ 15-840 — Claims; how submitted and allowed

Nebraska § 15-840

• Jurisdiction: Nebraska
• Ch. 15: Cities of the Primary Class

Text

All liquidated and unliquidated claims and accounts payable against a city of the primary class shall: (1) Be presented in writing; (2) state the name of the claimant and the amount of the claim; and (3) fully and accurately identify the items or services for which payment is claimed or the time, place, nature, and circumstances giving rise to the claim. The city finance director shall be responsible for the preauditing and approval of all claims and accounts payable, and no warrant in payment of any claim or account payable shall be drawn or paid without such approval. In order to maintain an action for a claim, other than a tort claim as defined in section 13-903 , it shall be necessary, as a condition precedent, that the claimant file such claim within one year of the accrual of such claim, in the office of the city clerk, or other official whose duty it is to maintain the official records of a city of the primary class.

Legislative History

Source: Laws 1901, c. 16, § 126, p. 124; R.S.1913, § 4580; C.S.1922, § 3967; C.S.1929, § 15-839; R.S.1943, § 15-840; Laws 1967, c. 59, § 1, p. 196; Laws 1979, LB 145, § 1; Laws 1983, LB 52, § 1; Laws 2020, LB1003, § 148. Annotations: With regard to those actions subject to the requirements of this section, a cause of action shall be deemed to have accrued when all factors have arisen which would allow the claimant to commence and maintain an action in court with the exception of the filing of the claim pursuant to this section. The conditions precedent to maintaining an action against a city do not apply to actions allegedly arising under 42 U.S.C. section 1983. Bauers v. City of Lincoln, 245 Neb. 632, 514 N.W.2d 625 (1994). Concerning a contract claim against a city of the primary class, this section requires that such claim be filed with the city clerk and disallowed before a claimant, pursuant to section 15-841, may timely appeal from the city's disallowance and thereby become entitled to invoke a district court's power to adjudicate the merit of the disallowed claim. Andrews v. City of Lincoln, 224 Neb. 748, 401 N.W.2d 467 (1987). This statute is not an exclusive remedy for a fireman entitled to benefits under Firemen's Pension Act. Hooper v. City of Lincoln, 183 Neb. 591, 163 N.W.2d 117 (1968). A timely filing of a tort claim under the Political Subdivisions Tort Claims Act is not sufficient to satisfy the filing requirements of this section for purposes of the application of the Nebraska Wage Payment and Collection Act, because the two underlying claims are separate and distinct. Craw v. City of Lincoln, 24 Neb. App. 788, 899 N.W.2d 915 (2017).