Purchase and Sale of Property:
Comparative prices shall be obtained for the purchase or sale in amount not in excess of two thousand dollars ($2,000.00) of all materials, supplies and public improvements except (a) in the employment of professional services and (b) when the City Manager shall determine that no advantage to the city would result.
In all sales or purchases in excess of two thousand dollars ($2,000.00), (a) the sale or purchase shall be approved by the Commission, (b) sealed bids shall be obtained, and (c) the requirements of Section 14.2 shall be complied with. No sale or purchase shall be divided for the purpose of circumventing the dollar value limitation contained in this section. The Commission may authorize the making of public improvements or the performance of any other city work by any city agency without competitive bidding.
Purchases shall be made from the lowest competent bidder meeting specifications unless the Commission shall determine that the public interest will be better served by accepting a higher bid. Sales shall be made to the bidder whose bid is most advantageous to the city.
All purchases and sales shall be evidenced by written contract or purchase order.
The city may not sell any park, cemetery or any part thereof except in accordance with restrictions placed thereon by statute.
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 Commission.
Detailed purchasing, sale and contract procedures shall be established by ordinance.
Editor’s note:
This section was by amended by city election on August 8, 2000.
Contracts:
Any contract or agreement in an amount of two thousand dollars or more made with form or terms other than the standard city purchase order 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 two thousand dollars or more is executed, the accounting officer 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 12.7. Certification by the accounting officer 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 Commission, provided that the City Manager may amend contracts for those purchases and sales made by him under the authority of Section 14.1.
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 accounting officer of the city.
Editor’s note:
This section was by amended by city election on August 8, 2000.
Restriction on Powers to Lease Property:
Section 14.3. The Commission may not rent or let public property for a period longer than three 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 Commission for presentation to the electorate before thirty days after application therefore has been filed with the Commission 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.