HomeMy WebLinkAbout1995-08-03 i
ORDINANCE #95-8-3
BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS
AN ORDINANCE AMENDING SECTIONS 3 .04 .02 AND 3 .04 .03 OF THE
BATESVILLE MUNICIPAL CODE GOVERNING COMPETITIVE BIDDING FOR
MUNICIPAL PURCHASES AND CONTRACTS, DECLARING AN EMERGENCY,
AND FOR OTHER PURPOSES
WHEREAS, SECTIONS 3 , 04 . 02 AND 3 , 04 , 03 OF BATESVILLE
MUNICIPAL CODE PROVIDE THAT ANY EXPENDITURE FOR ANY PURPOSE
OR CONTRACT OF $5 ,000 . 00 REQUIRES COMPETITIVE BIDDING; AND
WHEREAS, ARKANSAS CODE ANNOTATED SECTION 14-58-303 , AS
AMENDED BY ACT 812 OF 1995 PROVIDES THAT PURCHASES AND i
CONTRACTS WHICH DO NOT EXCEED THE SUM OF $10,000 . 00 DO NOT
NECESSITATE COMPETITIVE BIDDING; AND
WHEREAS, IT IS THE DESIRE OF THE CITY COUNCIL OF THE
CITY OF BATESVILLE TO AMEND THE BATESVILLE MUNICIPAL CODE TO
CONFORM TO THE CURRENT ARKANSAS CODES ; NOW
BE IT THEREFORE ORDAINED:
THAT THE BATESVILLE MUNICIPAL CODE SHALL BE AND IS
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HEREBY AMENDED AS FOLLOWS :
3-04-03 OVER TEN THOUSAND DOLLARS . WHERE THE AMOUNT
OF EXPENDITURE FOR ANY PURCHASE OR CONTRACT EXCEEDS THE
SUM OF TEN THOUSAND DOLLARS ($10,000 .00) THE MAYOR OR
HIS DULY AUTHORIZED REPRESENTATIVE SHALL INVITE
COMPETITIVE BIDDING THEREON BY LEGAL ADVERTISEMENT IN
ANY LOCAL NEWSPAPER . BID RECEIVED PURSUANT TO SAID
ADVERTISEMENT SHALL BE OPENED AND READ ON THE DATE SET
FOR RECEIVING SAID BIDS IN THE PRESENCE OF THE MAYOR OR
HIS DULY AUTHORIZED REPRESENTATIVE TOGETHER WITH THE
CITY COUNCIL . THE CITY COUNCIL SHALL HAVE EXCLUSIVE
POWER, BY MAJORITY VOTE , TO AWARD THE BID TO THE LOWEST
RESPONSIBLE BIDDER , PROVIDED, HOWEVER , THE COUNCIL BY
MAJORITY VOTE , MAY REJECT ANY AND ALL BIDS RECEIVED .
THE MAYOR SHALL INFORM THE CITY COUNCIL OF ALL
CONTRACTS OVER FIVE THOUSAND DOLLARS ($5 ,000 . 00) WHERE
COMPETITIVE BIDING WAS NOT TAKEN .
IT IS THE INTENTION OF THIS ORDINANCE TO SUBSTITUTE THE
ABOVE LANGUAGE FOR THE LANGUAGE PREVIOUSLY FOUND IN SECTIONS
3 . 04 .02 AND 3 . 04 . 03 AND SPECIFICALLY REPEALS ORDINANCE
NUMBER 92-1-4 OF THE ORDINANCES OF THE CITY OF BATESVILLE ,
AND STREAM LINE THE PURCHASING PROCESS FOR THE CITY .
REPEALER CLAUSE : ALL ORDINANCES AND PARTS OF
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE I!
HEREBY REPEALED , i
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SEVERABILITY CLAUSE : IF ANY PORTION OR PORTIONS OF
THIS ORDINANCE ARE DEEMED OR HELD INVALID, SUCH INVALIDITY
SHALL NOT EFFECT THE REMAINING PORTION OF SAID ORDINANCE .
EMERGENCY CLAUSE : WHEREAS IT IS NECESSARY TO EFFECT
THE PUBLIC PEACE , HEALTH , SAFETY AND WELFARE AND THE ORDERLY
ADMINISTRATION OF CITY CONTRACTS THAT THE SYSTEM OF
COMPETITIVE BIDDING BE IN HARMONY WITH EXISTING ARKANSAS
LAW, AN EMERGENCY IS DECLARED TO EXIST AND THIS ORDINANCE
SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE .
IT IS SO ORDAINED.
IN WITNESS WHEREOF, WE HAVE SET OUR HANDS THIS 7TH DAY
OF AUGUST, 1995 .
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APPROVED.
OE BIA MAYOR
ATTEST
L�')-\Aj.2-�- z,�.
DENISE M . JOHN TON
CITY CLERK
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