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HomeMy WebLinkAbout2008-11-02 ORDINANCE NO. 2008-11-02 ® AN ORDINANCE 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 the Batesville Municipal Code provide that any expenditure for any purpose or contract exceeding Ten Thousand Dollars ($10,000.00) requires competitive bidding as amended by Ordinance NO.95-8-3; and WHEREAS, Arkansas Code Annotated §14-58-303, as amended by Act 812,No. 1435 of 2005 provides that purchases and contracts which do not exceed the sum of Twenty Thousand Dollars ($20,000.00)do not require competitive bidding; and • WHEREAS, it is the desire of the City Council of the City of Batesville, Arkansas,to amend the Batesville Municipal Code to reflect the current amounts as provided by the Laws of the State of Arkansas. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1. That the Batesville Municipal Code shall be and is hereby amended as follows: 3.04.03 OVER TWENTY THOUSAND DOLLARS. Where the amount of expenditure for any purchase or contract exceeds the sum of Twenty Thousand Dollars ($20,000.00) the Mayor or his duly authorized representative shall invite competitive bidding thereon by legal advertisement in any local newspaper. Bids 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 the 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 bidding was not taken. It is the intention of this Ordinance to substitute the above language for the language previously found in §§3.04.02 and 3.04.03 and specifically repeals Ordinance No. 95-8-3 of the Ordinances of the City of Batesville and streamline the purchasing process for the City. ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OF THIS 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 hereby declared to exist and this Ordinance shall be effective form the and after its passage. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this 25, Day of November, 2008. APPROVED: /�C. 31. RICK ELUM GH, MAYOR ATTEST: t',-yN -4') m . �+UL' DENISE JOHNSTON, eLERK