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Occasionally a purchase may be required on an emergency basis. Emergency action is authorized when and only when the health, safety or welfare of the people is actually in jeopardy. To authorize an emergency purchase, requirements including, but not limited to, the requisition for purchase, the applicable bid requirement, approval by the applicable official or groups of officials, and verification, preparation of the purchase order, and certification, if applicable, must be satisfied. However, to expedite the approval by applicable groups of officials, the following steps may be taken:
(a) If a committee of Council is required to approve, a meeting of the committee shall be called, and if such meeting is impractical, the appropriate department director or the Chairman of that committee may poll all of the members who can be reached either in person, by telephone or by other electronic means, and proceed if a majority of the committee approves.
(b) If Council is required to approve, a special meeting of Council shall be called, and if such meeting is impractical, the Mayor or the Chairman of the appropriate committee of Council may poll all of the members who can be reached either in person, by telephone (by conference call, if possible) or by other electronic means, and proceed if a majority of Council approves.
(c) Any member of council may specifically request that any poll pursuant to paragraphs (a) or (b), above, be conducted in person or by telephone. Such request shall be made in writing to the Clerk of Council.
Approval or disapproval by a majority of Council, if required, shall be recorded by the Clerk of Council in the Journal of the proceedings of Council. Such meetings shall be called (or such polls shall be conducted) as soon as is reasonably possible, but if one is not called (or conducted) within three days (excluding Saturdays, Sundays and holidays), the applicable official may proceed as if a majority of the committee, or Council, had approved. For the purposes of this section, the Mayor or any member of the appropriate committee of Council shall have the power to call a committee meeting, if required, and the Mayor or any three members of Council shall have the power to call a special meeting of Council, if required. In either instance, if the Mayor calls the meeting, he shall cause to be delivered written notice of that meeting to the residence of each committee member or member of Council. Failure to obtain a quorum, after diligent effort to do so, shall have the same effect as failure to call a meeting.
(Ord. 11-2012. Passed 3-13-12.)
As used in this chapter:
(a) “Department supervisor” means either an employee of the City, such as the Police Chief, the Fire Chief or the Service Director in the Service Department.
(b) “The appropriate department director” mean as follows:
Department | Department Director |
Safety (Police & Fire) | Safety Director |
Service | Service Director |
Law | Law Director |
Finance | Finance Director |
These designations shall be subject to modification upon additions or deletions of departments, boards, commissions or committees of Council.
(Ord. 52-72. Passed 10-10-72; Ord. 62-2021. Passed 12-28-21.)
Council may retroactively authorize any purchase not made in conformity with these rules, either separately or as part of a list of such purchases, but such authorization shall be at the discretion of Council. Any person acting without authorization shall be deemed personally liable for the amount of the debt incurred, regardless of whether the City has benefitted from the purchase in question, and such item shall be considered as having been a gift to the Municipality from the person making it, unless Council retroactively authorizes the purchase.
(Ord. 52-72. Passed 10-10-72.)
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