HomeMy WebLinkAbout2021-10-01ORDINANCE NO. CQ0Q -- 0-- 1
AN ORDINANCE AMENDING SECTION 3.04.02 OF THE CITY OF BATESVILLE
MUNICIPAL CODE REGARDING COMPETITIVE BIDS TO RAISE THE AMOUNT OF
EXPENDITURES REQUIRED FOR COMPETITIVE BIDDING TO CONFORM WITH
STATE LAW; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, §3.04.02 of the City of Batesville Municipal Code provides that any contract
amount exceeding Twenty Thousand & 00/00 Dollars ($20,000) shall be competitively
bid; and
WHEREAS, it is often inefficient to bid contracts up to $35,000.00 in that it delays
purchases and minor capital improvements needed to benefit the citizens and residents
of Batesville; and
WHEREAS, Act 435 of 2021 raised competitive bidding requirements for goods and
services set forth in Ark. Code Ann. § 14-58-303(2)(A)(i) from $20,000.00 to $35,000.00
for municipalities; and
WHEREAS, Act 440 of 2021 raised competitive bidding requirements for public
improvements contracts (contracts providing for the making of major repairs or
alterations, for the erection of buildings or other structures, or for making other
permanent improvements) set forth in Ark. Code Ann. §22-9-203(a) from $35,000.00 to
$50,000.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS:
SECTION 1: That Paragraph (a) of §3.04.02 (Competitive bids) of Batesville Municipal
Code is hereby amended as follows:
(a) The purchasing agent shall have authority to make any and all purchases for
goods and services of any amounts less than $20000.09 $35,000.00. Where
the amount of any expenditure for any purpose or contract exceeds the sum
of $9;899:-99 $35,000.00, the Mayor or his duly authorized representative
shall invite competitive bidding thereon by legal advertisement in any
newspaper having general circulation in the city. Bids received pursuant to
such advertisement shall be opened and read on the date set for receiving
such bids in the presence of the Mayor or his duly authorized representative,
together with any committee that may be named by the Mayor or City
Council for this purpose. The officials designated to receive such bids shall
have exclusive power to award to the lowest, responsible bidder; provided
however, that the mayor and any committee designated to receive bids may
reject any and all bids received; provided further, that the city council, by
erdiRancc resolution, many waive the requirements of competitive bidding in
exceptional situations where such procedure is deemed not feasible or
practical. The award of contracts for public improvements (contracts
providing for the making of major repairs or alterations for the erection of
buildings or other structures or for making other permanent improvements)
shall follow the statutory procedures set forth in Ark. Code Ann. 22-9-201.
Et. Seq.
SECTION 2: That all ordinances of parts of ordinances in conflict herewith and hereby
repealed to the extent of the conflict.
SECTION 3: That the provisions of this Ordinance are herby declared to be severable and
if any section, phrase, or provision shall be declared or held invalid, such invalidity shall
not affect the remainder of the sections, phrases or provisions.
SECTION 4: EMERGENCY CLAUSE- These purchases would be in the best interest of the
public's health, safety and general welfare and the timeliness of said purchases being of
the utmost importance and competitive bidding being nonfeasible and nonpractical, an
emergency is hereby declared and this ordinance shall be in full force and effect as of
the date of its passage.
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ADOPTED this Id Day of October, 2021.
ATTEST:
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DENISE M. JOHNSTON, CIT CLERK