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HomeMy WebLinkAboutOrdinance 1215 ORDINANCE NO , 1215 AN ORDINANCE REGULATING THE FINANCIAL AFFAIRS OF THE CITY OF FAYETTEVILLE , ARKANSAS; DEFINING TERMS ; PROVIDING FOR A BUDGET ; ESTABLISHING PURCHASING PROCEDURES ; REQUIRING A FINANCIAL AUDIT AND REPORTS ; CONTROLLING THE SALE OF CITY PROPERTY ; PROVIDING A SAVINGS CLAUSE ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . DEFINITION OF TERMS , 1 . As used in this ordinance , unless otherwise required by the context: a . The term " duly authorized representative " shall mean any adminis - trative officer or officers of the City whose appointment or appointments by the Mayor have been approved by the City Council to assume the duties and responsi - bilities as herein set forth . b . The term " Committee " shall mean the person, persons , or any group of persons from the membership of the City Council designated by the Mayor and approved by the City Council to assume the duties and responsibilities as herein set forth . c . The term "lowest responsible bidder " shall mean the bidder as determined by the Committee and the Mayor , or his duly authorized representative , after considering all the facts and circumstances in the best interests of the City; provided, however , the Committee and the Mayor , or his duly authorized repre - sentative , shall act only when the power to do so has been granted by the City Council . SECTION 2 . PROPOSED BUDGET TO BE SUBMITTED . 1 . That on or before December lst of each year , the Mayor shall submit to the City Council , for its approval or disapproval , a proposed budget for operation of the City from January lst to December 31st for the forthcoming year . SECTION 3 . ADOPTION OF A BUDGET . 1 . That the City Council shall , on or before February lst of each year adopt a budget for operation of the City . SECTION 4 . APPROPRIATIONS, BUDGET REVISION AND EXCEPTIONS . 1 . The approval by the City Council of the budget shall amount to an appropriation for the purposes of the budget of funds which are lawfully applicable to the items therein contained . The City Council may alter or revise the budget A•I;CROFI bM DATE 1870 REEL 'Ordinance No . 1215 Page Two from time to time and unpledged funds appropriated by the City Council for any purpose may be subsequently , by action of the City Council , appropriated to another purpose , subject to the following exceptions : a . Funds resulting from taxes levied under Statutes or ordinances for specific purposes may not be diverted to another purpose . b . Appropriated funds may not be diverted to another purpose where any creditor of the City would be prejudiced thereby . SECTION 5 , PURCHASING , 1 . In order to purchase supplies , apparatus , equipment , materials and other things requisite for public purposes in and for the City; to make all necessary contracts for work or labor to be done , or materials or other necessary things to be furnished for the benefit of the City, or in carrying out any work or undertaking of a public nature therein; the procedures to be followed shall be as hereinafter set forth . SECTION 6 , PURCHASES OF THREE HUNDRED DOLLARS ($300 . 00) OR LESS , 1 . The Mayor , or his duly authorized representative , shall have exclusive power and responsibility to make purchases of all supplies , apparatus , equipment , materials and other things requisite for public purposes in and for the City when appropriations have been made therefor in the budget as approved by the City Council and where the total expenditure therefor is three hundred dollars ($ 300 . 00 ) or less . SECTION 7 . PURCHASES OF ONE THOUSAND DOLLARS ( $ 1 , 000 . 00 ) OR LESS 1 . All purchases in and for the City of all supplies , apparatus , equipment, _materials and other things requisite for public purposes for which appropriations have been made therefor in the budget as approved by the City Council and where the expenditures therefor is in excess of three hundred dollars ( $ 300 . 00 ) ; but not in excess of one thousand dollars ( $ 1 , 000 . 00 ) shall be made by the Mayor , or his duly authorized representative after .the securing and recording of quotation bids therefor . SECTION 8 . PROCEDURES FOR PURCHASES IN EXCESS OF ONE THOUSAND DOLLARS ( $ 1 , 000 . 00) , 1 . When the amount of an expenditure for any purchase , whether or not an appropriation or appropriations have been made therefor in the budget approved by the City Council exceed one thousand dollars ( $ 1 , 000 . 00 ) , the following procedures shall be fully complied with unless otherwise authorized by the City Council: a . The Mayor , or his duly authorized representative , shall have the consent and approval of the City Council before advertising for competitive bids for any purchase in excess of one thousand dollars ( $ 1 , 000 . 00 ) . At the time such consent is given,Ja committee as defined in Section 1( b) of- this ordinance shall be appointed to Ordinance No . 1215 Page Three assist the Mayor or his duly authorized representative in making the purchase . b . Bids received pursuant to said advertisement shall be opened and read on the date and at the time set for receiving said bids in the presence of the Committee and the Mayor , or his duly authorized representative . C . The purchase and/ or award of the bid may be made by the Committee and the Mayor , or his duly authorized representative , only when the power to act has been granted by the City Council . d. The purchase shall be made from or the bid awarded to the lowest responsible bidder ; provided , however , the Committee and the Mayor , or his duly authorized representative , may reject any and/ or all bids received when the power to act has been granted by the City Council , SECTION 9 . EXCEPTIONS TO THE PURCHASING PROCEDURES , 1 . The City Council may waive the requirements of competitive bidding or the advertising for bids in cases of car load purchases for routine operations and in exceptional situations where such procedures are deemed not feasible nor practical . SECTION 10 , SALE OF CITY PROPERTY AND EXCEPTIONS . 1 . The Mayor , or his duly authorized representative , may sell or exchange any municipal supplies , apparatus , equipment or materials without competitive bidding if such supplies , apparatus , equipment or materials have a fair market value of less than five hundred dollars ( $500 . 00) . 2 . That no supplies , apparatus , equipment or materials shall be sold by the Mayor , or his duly authorized representative , without receiving competitive bids therefor if the fair market value thereof exceeds the sum of five hundred dollars ( $500 . 00 ) ; provided, however , if the Mayor , or . his duly authorized representative , shall certify in writing to the City Council that , in his opinion , the fair market value of such item or lot (to be disposed of as one unit) is less than five hundred dollars ( $500 . 00 ) , the same may be soldiby the Mayor , or his duly authorized representative , with competitive bidding . 3 . Exceptions to the procedures for the sale or exchange of any municipal supplies , apparatus , equipment or materials shall be granted only byjthe City Council . SECTION 11 . REPORTS OF FINANCES AND ADMINISTRATIVE ACTIVITIES . 1 . The Mayor , or his duly authorized representative , shall prepare and sub - mit to the City Council within sixty ( 60 ) days after the end of each fiscal year a Ordinance Nd . 1215 Page Four complete report on the finances and administrative activities of the City during the previous fiscal year . The Mayor , or his duly authorized representative , shall also keep the City Council advised as to the financial condition and future needs of the City and to make such recommendations as to him may be desirable or other - wise required by law . SECTION 12 FINANCIAL AUDIT . 1 . The City Council shall have the financial affairs of the City audited annually by an independent certified public accountant who is not otherwise in the service of the City, or by the Municipal Audit Division of the State of Arkansas . SECTION 13 , SAVINGS CLAUSE , 1 . If any section , subsection, sentence , clause or phrase of this ordinance is for any reason declared unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance . SECTION 14 , REPEAL CLAUSE , 1 . All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 15 . EMERGENCY CLAUSE , 1 . Whereas Act 28 of 1959 requires the 'establishment of a manner of making purchases for the City , and this ordinance being necessary for the immediate protection of the public peace , health and safety , an emergency is hereby declared to exist , and this ordinance shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 14th day of September , 1959 . APPROVED: J . AUSTIN PARISH J. AUSTIN PARISH, MAYOR ATTEST : / s / GEORGE J. DAVIS GEORGE J. DAVIS , CITY CLERK