121.03 PASSAGE PROCEDURE FOR LEGISLATION.

   The form of all ordinances and resolutions shall be as follows: "Be it Ordained by the Council of the City of Beachwood, State of Ohio." Legislative action of Council shall be by ordinance and resolution, with the vote taken by yeas and nays and entered upon the Journal, except this shall not apply to the ordering of an election or direction of Council to any officer or board to furnish Council with information as to the affairs of any department or office. No ordinance or resolution, except a general appropriation ordinance, shall contain more than one subject which shall be clearly stated in the title. All ordinances except emergency ordinances shall be read in full at three separate meetings of Council before passage.

   Resolutions and emergency ordinances shall, before passage, be read by title only at three separate meetings of Council, provided that this requirement may be dispensed with by the affirmative vote of five members of Council and provided, further, that such resolution or ordinance shall be read in full when so requested by any member of Council.

   The affirmative vote of at least four members of Council shall be required for the passage of every ordinance or resolution unless a greater number be required by the Charter or by Ohio R.C. 727.12 relating to the passage of a resolution declaring the necessity of an improvement to be paid for in whole or in part by special assessment.

(Ord. 1965-111. Passed 10-4-65.)

121.04 POSTING OF LEGISLATION, ORDERS, REPORTS.

   All ordinances, resolutions, statements, orders, proclamations and reports required by law or by ordinance to be published or posted shall be posted in one place only, namely the City Hall, for a period of not less than fifteen days.

(Ord. 1965-111. Passed 10-4-65.)

121.05 AMENDMENT OF CODIFIED ORDINANCES.

   Each measure of a general nature hereafter adopted, other than an ordinance of general application limited to a single occasion, wherever practicable, shall be of a form re-enacting, revising, supplementing or amending an appropriate title, chapter or section of these Codified Ordinances. Such ordinance when so adopted shall become part of these Codified Ordinances as though included in its original enactment, and shall constitute a repealer of any previous section or sections intended to be repealed thereby. The provisions of this section and Section 121.06 are directory and failure of Council to comply therewith shall not affect the validity of any such ordinance.

(1964 Code Section 21.04.)

121.06 CORRECTION OF FORM OF ORDINANCES.

   It shall be the duty of the Clerk and of the Law Director, or either, whenever the form of a proposed measure does not comply with the provisions of the preceding sections, to call attention of Council thereto, and the Law Director shall submit a draft of such measure which, if adopted, will correct the omission.

(1964 Code Section 21.05.)

121.07 DISPOSITION OF EXCESS PUBLIC IMPROVEMENT ASSESSMENTS.

   The procedure for the reduction of unpaid installments and the return of paid installments of assessments levied in larger amounts than necessary to pay for public improvements, to the extent that such reductions and returns are authorized by the general law of Ohio, shall be governed by the general laws of Ohio.

(Ord. 1965-111. Passed 10-4-65.)

121.08 PROCEDURE FOR MAKING IMPROVEMENTS, LEVYING ASSESSMENTS.

   The procedure for levying assessments, including the procedure for combining two or more public improvements into one proceeding, shall be governed by the legislation of Council, unless another procedure is mandated by the general law of Ohio.

(Ord. 1994-99. Passed 8-15-94.)

121.09 ADVERTISING FOR BIDS; AWARDING CONTRACTS.

   (a)   (1)   Unless specifically waived by Council, contracts for the expenditure of more than fifty thousand dollars ($50,000) shall be awarded pursuant to competitive bidding.  The advertising for bids shall be made by a motion of Council directing the Clerk to advertise for not less than two weeks in a newspaper of general circulation in the City.  The Clerk shall be solely responsible for receipt and opening of all City bids.  The award of a contract accepting a bid shall be made by ordinance of Council directing the Mayor and Finance Director to enter into an appropriate contract.

      (2)   If an ordinance directing the Mayor and Finance Director to enter into an appropriate contract with a successful bidder is approved by Council in accordance with the procedure outlined above in (a)(i) of this section, and such contract is in fact executed by the City, and if, during the performance of an awarded contract it should become apparent that a change order or alteration is necessary to the original contract, in an amount in excess of fifteen thousand dollars ($15,000), such change order or alteration must first be authorized by Council.  The need for the change order or alteration shall be presented to Council by ordinance.  If the change order or alteration to an existing contract is fifteen thousand dollars ($15,000) or less, the Mayor is authorized to enter into such supplemental agreement without Council's authorization.  Such amounts shall be cumulative and shall not be offset by non-performed items or other credits. 

   (b)   Contracts for expenditures of fifteen thousand dollars ($15,000) or more, but less than fifty thousand dollars ($50,000) are not required to be subject to competitive bidding, but may be awarded, upon the recommendation of the Mayor and/or Department Director, by ordinance of Council directing the Mayor and Finance Director to enter into an appropriate contract.

   (c)   Pursuant to Ohio R.C. 125.04, the City may also participate in the cooperative purchasing program through the State Department of Administrative Services, pursuant to such terms and conditions as the State prescribes without advertising further for competitive bids.  Pursuant to the provisions of Ohio R.C. 125.04(C), the City may also purchase supplies or services available through the State Cooperative Purchasing Program from another party, if such supplies or services can be obtained upon equivalent terms, conditions and specifications, but at a lower price, than such supplies or services can be obtained through the State Cooperative Purchasing Program, without following any competitive selection procedures otherwise required by law.  The Finance Department shall maintain sufficient information regarding a purchase made pursuant to this authorization to verify that the City satisfied the conditions for making such purchase without competitive bidding.

   (1)    Blanket Purchase Orders.  In accordance with Ohio Revised Code Section 5705.41(D), the Finance Director is hereby authorized to issue blanket purchase orders in an amount not to exceed fourteen thousand nine hundred ninety-nine dollars and ninety-nine cents ($14,999.99) per line item, provided that the blanket purchase orders cannot extend beyond the fiscal year-end, although they may remain open after year-end to pay for obligations incurred prior to year end. The total amount of blanket purchase orders issued for the year against a particular line item appropriation may exceed fourteen thousand nine hundred ninety-nine dollars and ninety-nine cents ($14,999.99), provided that adequate funds were appropriated, and no more than fourteen thousand nine hundred ninety-nine dollars and ninety-nine cents ($14,999.99) was spent with any one vendor, unless approved by Council, or purchases are being made under the cooperative purchasing program through the State Department of Administrative Services, or at a price lower than the pricing offered through the state program.

   (d)   (1)   The City may participate in contracts authorized by Sourcewell cooperative purchasing program, the National Association of State Procurement Officials (“NASPO”) cooperative purchasing program, the General Services Administration (“GSA”) cooperative purchasing program, and other State of Ohio cooperative purchasing programs in order for the City to purchase equipment, materials, supplies and other articles that have been competitively bid in accordance with participating cooperative purchasing programs.

      (2)   The Mayor is authorized to agree, in the name of the City, to be bound by all terms and conditions that the Sourcewell cooperative purchasing program, the National Association of State Procurement Officials (“NASPO”) cooperative purchasing program, the General Services Administration (“GSA”) cooperative purchasing program, and other State of Ohio cooperative purchasing programs prescribes.

      (3)   The Mayor is authorized to agree, in the name of the City, to directly pay any vendor, under contract with the Sourcewell cooperative purchasing program, the National Association of State Procurement Officials (“NASPO”) cooperative purchasing program, the General Services Administration (“GSA”) cooperative purchasing program, and other State of Ohio cooperative purchasing programs in which the City participates, for those items that the City receives pursuant to the contract.

         (Ord. 2019-124.  Passed 11-4-19.)