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