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O74-10ORDINANCE NO. 74-/Q AN EMERGENCY ORDINANCE OF TRE CITY OF BOYNTON BEACH~ FLORIDA ~ AMENDING SECTION 64 OF ARTICLE IV OF THE MUNICIPAL CPI~RTER OF SAID CITY~ AS AUT~DRIZED UNDER CP~PTER 166 OF TP~E FLORIDA S~TUTES ENTITLED "MUNICIPAL HOME RULE POWER ,ACT"~ AUTi~)RIZING T~E CITY COUNCIL BY A FOUR-FIFTHS VOTE OF ALL MEMRERS~ TO DECLARE THE EXISTENCE'OF AN EMERGENCY AND TO DISPEkVSE WITH CER~IAIN REQUIREMENTS SET FORT/~ IN SAID SEC~ON 64 AS TO TPIE PURCPiAS~NG 'OF SUPPLIES~ ~iATERIALS, EQUIPMENT AND OT~ER ARTICLES USED BY AN OFFICE, DEPARTMENT OR AGENCY OF SAID CITY INVOLVING AM0~S OF LESS TP~N $50 ~ 000.00; PROVIDING FOR n U~HORITY '~ CODIFY~ SAVINGS CLAUSE~ REPE~NG PROVISIONs~ AN EFFectIvE DATE END FOR O~R PURPOSES. WHEREAS ~ Municipal Charter of the City of Boynton Beach~ Florida~ require the advertisement for bids for all purchases of supplies~ materials~ equipment and other articles used by an office~ department or agency of said City involving amounts in excess of $1~000.00; and W-HEREAS~ the City Council of the City of Boynton Beach~ Florida~ deems it necessary and essential for the efficient daily operation of the municipal government to amend said Section 64 in order to authorize the City Council to dispense with the requirements of advertisin~ for bidS~lWi~h regard to purchases of such property involving amounts of less than $50~000.00 in the event of emergencies. NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYN-TON BEAC~ FLORIDA: Section 1: That Section Charter of the City of Boynton to read as follows: "Section 64. PREAMBLE the provisions of Section 64 of Article IV of the 64 of Article IV of the municipal Beach~ Florida~ is hereby amended Purchasinq aqen t,~ selec tion~ duties competitive, biddinq. The City Council shall appoint an officer or employee of the City~ other than a member of the City Council~as purchasing agent for the City who shall be resp~.nsible for the purchase~ storage and distribution of all supplies, "materials~ equipment and other articles used by an office, department or agency of the munacipal govern- ment. Ail purchases or sales of City property shall be subject to the approval of the City Co~ngil~ and shall conform to such regulations as the City Council may from time to time prescribe. All purchases or sales involving amounts in excess of $~1~000.00 shall be made only after the publishing of an advertisement for bids thereon in a newspaper of general circulation in the City at least one time~ not less than eight (8) days Prior to the date set .for the reception of such bids~ together with such other n~tice as the Council may direct. The City Council Shall have the power to reject any and all bids sub~tted and received, and to w~ive any informalities in connection with Such bidding. With regard to the purcha~s~ by the City of ail supplies~ ma~eri~als~ equipment D,nd othsr '.articles used ~y am office dep~artment or a~n~c D~ t~e municipal ~ove~nment~ involv- ang amounts ~f less than $50~.000.00~ the City Council may by four-fifths v~e of all members dec,are existence of an ~merg~ncy a, nd dispense wit~ the publish- ing of an advert~sement for bids ~as~ to such purchases. Upon the declaration'~f such an emergency as afo~esaid~ the City Council may~by a four-fif~b~ , ~ ~-- ~ ~ ...... of all members~ authoriz~ said ~urchasing agen~ to negotiate informally with prospectlve~ vendors~ as his judgment may direct~ to secur~ the most advantageous purchase for tbs City~ and, with the express a~P~ovai of the .C~ty Manager~ to execute a purchase order~ or con,tract t~o that vendor which shall b~st serve the i~terests of the City in price or quality o~ time of d~!l:$iVery or in some com- bination of two~ ~6~ o~f all three f~C~t0rs~ subject 'to approval of the Ci~y Council. Wi~h regard to th~ sale of any real e'state o~aed by the City~ r~gardless of estimated value t~re~f~ no such Sale shall be conducted or consummated until such time as s~kject property~ has been appraised by a di~sinterested qualified a r ~ pp alser to De ~esignated by %he C~ty Council if0r thepurpose of establishing a fair ~ket value thereon. appraisal shall h~ve t~een c~^= value placed on subje.c~ nro~rt~ ~k ~ me aaver~lsed an acco~r~ance wit~ ~ ~ ompetltlve, bmds~ t~er~Dnl, !..~ .rece Ived~ Wit~h~ ~he established fair market value be~n~ the manimum bid acceptable by the City. The cost of such appraisal and the administrative costs incurred in ~onn~Ction with th9 competitive kidding procedure shall be ,~or~e by the individual initiating the proposed sale by ~0S~ing the estir~ated costs ~+~ +~= lty CLerk at the time of the initial purchase request." Section 2: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance an the City's existing Code. Section 3: Separabilitv: Each of the provisions of this Ordinance are separable~ including wordg ctause~ phrase or -2- sentence, and if any portion thereof shall he declared invali~ the remaining pertien shall not be affected but shall remain in full force and effect. Sec~n 4: Re~eatinq Provisions: All ordinances or par.ts of ordinances in conflict herewith are-hereby repealed. SDction ~: An effec~ivedate: This ordinance ~hall become effective immediately. First~ final reading a~d passage this /~day of March~ .D.~ 1974. CITY OF BOYNTOI{ BEACH, FLORIDA Vice Mayor C- ouncilman ~ Council~n Coune~Iman ATTES ~: ~ity Clerk -3-