(a) Upon finding by the city council of substantial disruption of the local free, competitive market in the purchase or sale of goods and services, the mayor may promulgate a schedule of maximum retail prices chargeable or collectable in the city on the purchase and sale of any or all goods or services, in whole or part, for a period of not more than 15 days or until earlier termination of the subject emergency or disaster period by council declaration, after the occurrence of a natural, technological or attack related emergency or disaster.
(b) No rule or regulation promulgated hereunder shall provide any maximum price for an item of goods or services enumerated above which is less than the arithmetically averaged, prevailing retail price for such item as of the date of the occurrence of such natural, technological or attack related emergency or such disaster. Such prevailing retail price may be determined by statistical sampling as the mayor, with approval of the city council, may direct. Alternatively, however, the mayor may set the maximum retail price for any or all items of goods and services enumerated above by declaring, with city council approval, that the price charged by the purveyor of such affected good or service within the jurisdictional limits of the city on such occurrence date shall be the maximum retail price lawfully chargeable by the purveyor of such affected good or service. An added special transportation cost for any regulated goods may be permitted by the local governing body. If at a later time it becomes evident that different prices may be proper, the mayor, with city council approval, may order adjusted the figures by any method conforming to this section. Any person affected by this subsection (b) and dissatisfied with the action taken may resort to remedies provided by law. In no event shall the city, city council, city officers, employees or agents be held pecuniarily liable for any losses or damages attributable to its regulation of prices hereunder. In promulgating maximums under this section, the declaration by the mayor that the arithmetically averaged, prevailing price of any item charged on the occurrence date in the city by the purveyors thereof shall be the maximum retail price chargeable by such purveyors for the period of price control shall be deemed sufficient for the invocation of the regulatory power herein provided.
(c) In the event of occurrence of a natural, technological or attack related emergency or disaster, the mayor, with approval of the city council, under the terms of this section, may remove, by ordinance or order, on one reading, the operation, in whole or in part, of the competitive bidding requirements of state law and applicable local law, whether in Charter, ordinance or order, for a period of not more than 90 days after the calamity or disaster occurrence date if each such order shall be preceded by final passage and approval of an ordinance or order of the city council declaring its finding of the existence of a prevalent natural or technological emergency or a disaster, pursuant to the terms of this section. However, the council shall diligently strive insofar as practicable to follow the guidelines of such competitive bidding law.
(Ord. 11592, § 2(9-3), passed 6-6-1994)