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HomeMy WebLinkAboutOrdinance 4553 ORDINANCE NO. 4553 AN ORDINANCE TO AMEND SECTION 34.25 SALES OF THE CODE OF FAYETTEVILLE TO ALLOW THE CITY COUNCIL TO WAIVE THE REQUIREMENTS FOR PUBLIC AUCTION OR FORMAL COMPETITIVE BIDDING FOR THE SALE OF CITY ASSETS WITH A FAIR MARKET VALUE OF LESS THAN $ 10,000.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals § 34.25 (B) of the Fayetteville Code and enacts a new §34.25 (B) in its stead as shows below: "§34.25 (B) "Such supplies, equipment or materials which have a fair market value of $600.00 or more may be sold by the purchasing agent by public auction or by contract sale after formal competitive bids for the purchase therefore have been solicited by advertisement and by other means and such bids have been received and opened. The City Council may waive the requirements for public auction or formal competitive bids for sales of personal property below $10, 000. 00 in fair market value in exceptional situations where such procedures are deemed not feasible nor practical." PASSED and APPROVED this the 6`h day of April, 2004. PY E 'r S •` �� ., APPROVED: B � Y: rrr` � : ` ��� % DAN COODY, Mayor �sro r coy �_ "^ ATTEST: By: SONDRA SMITH, Ci y Jerk 0 0 NAME OF FILE: Ordinance No. 4553 CROSS REFERENCE: Item # Date Document 1 03/23/04 memo to mayor & city council 2 draft ordinance 3 03/22/04 memo to mayor, city council & Gary Dumas 4 03/24/04 Staff Review Form 5 04/08/04 memo to Gary Dumas 6 04/13/04 Affidavit of Publication 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES : h�2b City Council Meeting of April 6, 2004 AgendaItemlumtiet 6�44�_e 0 CITY COUNCIL AGENDA MEMO C'�Y � 5 To: Mayor and City Council ��^^�� From: Gary Dumas, Director of Operation9� Date: March 23, 2004 Subject: Amendment to Code of Ordinances Section 34.25 Sales (B) RECOMMENDATION Approve Ordinance amending Code of Ordinances Section 34.25 Sales (B), to authorize the City Council to waive the public auction and competitive public bidding for sales below $ 10,000 when in the best interests of the City. BACKGROUND Currently the City Code sets the procedure to purchase and dispose of public property. The Code permits a waiver by the City Council to the purchasing requirements when the City Council determines that such waiver is in the best interests of the City. No waiver provision is provided for the disposition of public property. DISCUSSION The Council Equipment Committee has recommended and the full Council has concurred that the City should dispose of the fleet of buses and vans that the City has historically provided to the Boys and Girls Club. The Boys and Girls Club wanted to retain one van. The City Fleet Division wanted to retain one van to replace and older unit that was ready for disposal. All excess equipment has been disposed of and the City has been working with the Boys and Girls Club to transfer ownership of the one van to them. This effort has been on-going for quite some time. The result has finally been that this transfer of public property can not occur under the current Code provisions. The City Attorney has recommended and the Administration concurs that the Code should be amended to allow the City Council to waive the auction and competitive bidding process when it is in the best interest of the City. The current Code reads: ". . .that the City Council may waive the requirements of competitive bidding . . . in exceptional situations where such procedures are deemed not feasible nor practical." The amendment would read "The City Council may waive the requirements for public auction or formal competitive bids for sales below $10, 000, in exceptional situations where such procedures are deemed not feasible nor practical. " BUDGET IMPACT None ORDINANCE NO, AN ORDINANCE TO AMEND SECTION 34.25 SALES OF THE CODE OF FAYETTEVILLE TO ALLOW THE CITY COUNCIL TO WAIVE THE REQUIREMENTS FOR PUBLIC AUCTION OR FORMAL COMPETITIVE BIDDING FOR THE SALE OF CITY ASSETS WITH A FAIR MARKET VALUE OF LESS THAN $ 10,000.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals §34.25 (B) of the Fayetteville Code and enacts a new §34.25 (B) in its stead as shows below: "§34.25 (B) "Such supplies, equipment or materials which have a fair market value of $600.00 or more may be sold by the purchasing agent by public auction or by contract sale after formal competitive bids for the purchase therefore have been solicited by advertisement and by other means and such bids have been received and opened. The City Council may waive the requirements for public auction or formal competitive bids for sales below 570, 000. 00 in exceptional situations where such procedures are deemed not feasible nor practical." PASSED and APPROVED this the day of 2004. APPROVED: By. DRp,F� DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk 40 FAYETTEVALE THE CITY OF FAYETTEVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO : Dan Coody, Mayor City Council Gary Dumas, Director of Operations FROM : Kit Williams, City Attorney DATE: March 22, 2004 RE: Amending Fayetteville Code §34.25 Sales (B) I recommend the City Council amend §34.25 Sales subsection (B) to give the City Council express rights to waive competitive bidding or public auction for the sale of city property valued at under $ 10,000.00. The current section does not include such a waiver provision so that the power of the City Council to waive the stated procedure is not clear. I believe this waiver can be done by resolution as the state statutes do not require an ordinance waiving competitive bidding for the sale of city property like it does for the purchase of goods or services. Once this code section is effective, the City Council can waive competitive bidding in the sale of items worth up to $ 10,000.00. As always, the City must receive fair market value in forms of money or services for any item it may choose to sell. STAFF RPIEW FORM - NON- FINANCIAL OBLATION XXXX AGENDA REQUEST For the Fayetteville City Council Meeting of : April6, 2004 FROM : Gary Dumas Operations Name Division Department ACTION REQUIRED : Approve Ordinance to Amend Code of Ordinances Section 34.25 Sales, to allow the City Council to waive the the requirements for public auction or formal competitive bidding for the sale of City assets with a fair market value of less than $10,000 SUMMARY EXPLANATION : The City Attorney has recommended and the Administration concurs that the Code should be amended to allow the City Council to waive the auction and competitive bidding process when it is in the best interest of the City. STAFF RECOMMENDATION : 9 Received in Mayor ' s Office �V/b Div ' io Head Date Date 5123 a Lf i orney Date 23 -Mar - 04 Cross Reference : hepartmentl Director Date Previous Ord/Res# : Finance & Internal Services Dir . ZDate Orig . Contract Date : yo Orig . Contract Number : Chief ministrative Officer Date New Item : Yea No 471 Mayor Data FAYETTEALLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Gary Dumas Operations Dir. From: Clarice Buffalohead-Pearman City Clerk Division Date: April 8, 2004 Re: Ordinance No. 4553 Attached is a copy of the above ordinance passed by the City Council April 6, 2004, amending § 34.25 of the Code of Fayetteville. This item will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor NORTHVEST ARKANSAWDITION A&insas Democrat IV (f)azette AFFIDAVIT OF PUBLICATION I , Lalf do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: 4" ) °5553 was inserted in the regular editions on PO# `* Publication Charge : $ RECEIVED Subscribed and sworn to before884 me this APR 14 2 day of heI- I / 2004. cITYOFFAYETrE1rILLE CITv CLERICS OFFlCE Notary Public ORDOUNCNNo. +sea AN OCOMRDINANCE TO AMEND SECTION 3417 .25 SALE$ OF THE F A AAIVEOTHE RR OUIIREMLIETo ENTS FpgFOq PUB C�A�TION OR My Commission Expires : dz�as dol FORMAL COMPEnNE BIDDING FOR THE S4 E OF CRR ASSEfS WITH A FAIR MARI(ET VALUE OF LESS THAN • Yl S10pOD.Dp ULE ** N• R ORDAMED NY TN• CT' COONCIL OF TNN CRY OF FAVeM USt ARRAK&M Please do not pay from Affidavit. sa«wn ,: Thai ftCiyOtmanolo, Neprye, FaaRaie ^^ by ePea• 43425 B « � An invoice will be sent. �34.25(8Oo°BeAtl a "� §3425 (8) inso � •§34.25 (B) •bY theBurn eoppYes, eVU1�1nen1, « meterialy xyd, hate a b'r rnarke, vdYre of$fiDD.OD « m«a mey be aoa Pr4&asa ha+a been eoltltetlw « by oprRnCt cele after ,«real compepWa bide (or tle receAad and opened. W etluertLserrlenl «,d by other mBBfle and sud, bpe have been The Ory WPOn may vsa9 tl,e repW«nenta leYpllbfa auction « ,onrel oartq,a bids for sam « ENotary CHAELoal NARGO deft eemed«apr'Adeow n« pia«Ical.• armekelValuehevompt" aawa`wowrae apocetlum blic-Arkansas R�NfD rM NpROV[DNatheBNdaYofApril, 2004TON COUNTY APPROVED: Expires 07.26.2013 Br Dµ COODY,M� ATrEST.' BY: •ONDRA IN-- ll. 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700