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Purchase and Sale of Property:
Section 12.1 The purchase and sale of property shall comply with the following requirements:
(a) The City Manager shall be responsible for the purchase and sale of all city property, subject to the restrictions of statutes and ordinances.
(b) The City Council shall adopt ordinances regulating the purchase and sale of city property to promote the City’s best interests, including obtaining competitive pricing.
(c) The city may not sell any park, cemetery or any part thereof except in accordance with restrictions placed thereon by statute.
(d) The city may not purchase, sell or lease any real estate or any interest therein except by the affirmative vote of four or more members of the Council.
(e) The purchase and sale of all city property shall be subject to the provisions of Section 5.13.
(Amended November 5, 2002; November 8, 2016)
Section 12.2 The authority to contract on behalf of the city is vested in the Council and shall be exercised in accordance with the provisions of statute and of this charter, provided that purchases and sales may be made by the City Manager subject to the provisions of Section 12.1.
Any contract or agreement in an amount of $1500.00 or more made with form or terms other than the standard city purchase order form shall before execution be submitted to the Attorney and his opinion obtained with respect to its form and legality. A copy of all contracts or agreements requiring such opinion shall be filed in the office of the Clerk together with a copy of the opinion.
Before any contract, agreement or purchase order obligating the city to pay an amount of $1500.00 or more is executed, the city treasurer of the city shall first have certified that an appropriation has been made for the payment thereof, or that sufficient funds will be available if it be for a purpose being financed by the issuance of bonds or by special assessments or for some other purpose not chargeable to a budget appropriation. In the case of a contract or agreement obligating the city for periodic payments in future fiscal years for the furnishing of a continuing service or the leasing of property such certification need not cover those payments which will be due in future fiscal years, but this exception shall not apply to a contract for the purchase or construction of a public improvement unless such purchase or construction is being financed by an installment contract under authority of Section 10.7. Certification by the city treasurer of the city shall be endorsed on each contract, agreement or purchase order requiring same or shall be filed as an attachment thereto.
No contract or purchase order shall be subdivided for the purpose of circumventing the dollar value limitations contained in this Section.
No contract shall be amended after the same has been made except upon the authority of the Council, provided that the City Manager may amend contracts for those purchases and sales made by him under the authority of Section 12.1.
No compensation shall be paid to any contractor except in accordance with the terms of the contract.
No contract shall be made with any person, firm or corporation in default to the city.
An individual agreement of employment shall not be deemed a contract requiring opinion by the Attorney or certification by the city treasurer of the City.
Restriction on Powers to Lease Property:
Section 12.3 The Council may not rent or let public property for a period longer than five years unless such rental or lease agreement shall have been referred to the people at a regular or special election and shall have received the approval of a majority of the electors voting thereon at such election. No such lease shall be approved by the Council for presentation to the electorate before thirty days after application therefor has been filed with the Council nor until a public hearing has been held thereon. No such lease shall be submitted to the electors unless the party leasing or renting the property has filed with the Clerk his unconditional acceptance of all terms of such lease or rental agreement.
(Amended November 5, 2002)