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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 ..