HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-028ORDINANCE 1N as
This
introduced
Temporary No.
__L r , ly
CITY OF TAMAR4C, FLORIDA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 40 OF ARTICLE VII AND
SECTION 109 OF ARTICLE XVI: OF THE CITY CHARTER OF THE
CITY OF TAMARAC IN ORDER TO PROVIDE A METHOD FOR
EMERGENCY PURCHASES; PROVIDING AN EFFECTIVE DATE
AND PROVIDING FOR VOTER APPROVAL BY REFERENDUM.
WHEREAS, the City Council is authorized to submit Charter
Amendments to the electors of the City by referendum pursuant to
the provisions of Section 166.17 FLORIDA STATUTES, and
WHEREAS, the Council deems the subject amendment to be
urgently required.
NOW, THEREFORE, BE IT ORDAINED BY TIE COUNCIL OF THE City of
Tamarac, Florida:
SECTION 1: That Sub -Section 40i of Article VII of the City
Charter is hereby amended to read as follows:
"i. To purchase supplies, capital equipment, non -capital
equipment, and contract for repairs and improvements for the
various departments of the City Government, and, as provided
hereinafter, to contract for the construction of public improvements;
and in such capacity, he shall have the right to purchase supplies,
capital equipment, nQn-capital equipment, and contract for repairs
and improvements for any department of the City and to contract
for the construction of public improvements up to and including
One Thousand ($1,000.00) Dollars whenever he deems it necessary
and proper to do so. However, under no condition is a purchase
to be made or a contract let for amounts of One Thousand ($1,000.00)
Dollars or less with -the purpose of defeating the One Thousand
($1,000.00) Dollars, limitation. All purchases of supplies, capital
equipment, non -capital equipment, and contracts for repairs and
improvements for the various departments of the City Government, and
contracts for construction of public improvements in excess of
One Thousand ($1,000.00) Dollars shall be made only after advertise-
ment for bids, as prescribed elsewhere in this Charter, except
in the event of emergencies as defined in Section 109 of this
Charter."
SECTION 2: That Section 109 of Article XVI of the City
Charter is hereby amended by adding thereto the following:
"Provided, however, that in the event of an emergency, as
herein defined, the City Manager shall be authorized to make
purchases of supplies, capital equipment, non -capital equipment, and
contracts for repairs and improvements in excess of One Thousand
($1,000.00) Dollars without complying with the foregoing requirements,
after first receiving approval from the City Council. Such approval
may be by Council in regular session when time permits, or emergency
meeting when there is such urgency that the purchase cannot be de-
layed to a regular meeting or, written approval by three or more,
councilmen under extreme emergency conditions which cannot be de-
layed for the time necessary to call an emergency meeting.
In any of such events, the City Manager shall attempt
to obtain informal bids or price quotes from two or more sources.
If this is not possible, the City Manager shall so note that only
one quote was available and the amount thereof and shall immediately
file a written statement with the City Clerk for his reasons for not
obtaining such informal bids or price quotes.
'Emergency' as used in this paragraph shall mean an
event, circumstance or condition requiring immediate action for the
protection of the health or safety of the community or some segment
thereof, which cannot await action of the City Government in due
course. A finding by the City Council that such a condition exists
shall establish a rebuttable presumption that such condition did,
in fact, exist."
SECTION 3: That this amendment shall become effective upon
approval by a majority of the electors voting in a referendum
upon such amendment.
SECTION 4: That the referendum on this Ordinance shall be
held at the general election in the City of Tamarac, 1973.
SECTION 5: This Ordinance shall become effective immediately
upon its final passage.
PASSED FIRST READING this (�' day of
1973.
PASSED SECOND READING this_(Llday o
1973.
PASSED THIRD READING this�day of
1973.
ATTEST:
ITX E
raj .
RECORD OF COUNCIL VOTE 1�.
Mayor Seltman
Vice Mayor Lange
Councilman Johnson
Councilman Shultz
Councilwoman Massaro.
l HERERy CEkITlry tl'jrat I have
approved the form -and correctness
of this ORDINANCE
A"CTD ME ..