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AN ORDINANCE TO AMEND ORDINANCE NUMBER 2106 AND THE JONESBORO CODE OF ORDINANCES, TITLE 3, CHAPTER 3.04, KNOWN AS "PURCHASES" SECTIONS 3.04.01, 3.04.02, AND 3.04.04 SHALL BE AMENDED TO INCREASE MUNICIPAL PURCHASES TO $10,000.00 BEFORE BIDS ARE REQUIRED, AND TO GIVE THE MAYOR AUTHORITY TO MAKE CITY PURCHASES. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-07:29 ON MARCH 6, 2007)
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WHEREAS, the General Assembly of the State of Arkansas adopted ACT 812, amending Arkansas Code 14-58-303 "Purchases and Contracts Generally", increasing the maximum amount of Municipal purchases before bids are required to $10,000.00 and to clarify the authority of the Mayor to make city purchases; and
WHEREAS, A.C.A. 14-58-303 makes the mayor of a city of the first class the effective purchasing agent for the city, and allows the mayor to designate a "duly authorized representative" to be the purchasing agent and to purchase for the city supplies, apparatus, equipment, materials, and to make all necessary contracts for work or labor to be done, or material or other necessary things to be furnished for the benefit of the city or town, or in carrying out any work or undertaking of a public nature therein; and
WHEREAS, the municipal governing body shall provide, by ordinance, the procedure for making all purchases which do not exceed the sum set forth in ACT 812.
THEREFORE, BE IT ORDAINED, by the Jonesboro City Council that Ordinance Numbers 1445, 2106, and the Jonesboro Code of Ordinances, Title 3, Chapter 3.04, known as "PURCHASES", Sections 3.04.01, 3.04.02, and 3.04.04 be amended as follows:
SECTION 1: As set forth by ACT 812, adopted March 28, 1995 by the General Assembly of the State of Arkansas, the Mayor of Jonesboro may authorize a representative to act as Purchasing Agent for the City of Jonesboro, Arkansas.
SECTION 2: The Purchasing Agent, designated by the Mayor, shall ensue the following procedures for purchases which will become a part of the Purchasing Manual established by the City of Jonesboro.
(A) Purchases may not exceed $500.00 (before sales tax) without a purchase order or prior pricing by the Purchasing Agent.
(B) On all purchases between $500.00 and $10,000.00 (before sales tax), no less than three telephone bids will be received by the Purchasing Agent and said telephone bids shall be documented. In cases where three or more telephone bids are not obtainable, the Purchasing Agent shall document the said reasons therefore;
(C) Purchases between $1,000.00 and $10,000.00 (before sales tax) shall have written approval by the Mayor (or designated person in his absence) before such purchases will be made. In all cases, approval must be before the fact.
SECTION 3: Purchases that amount to $10,000.00 (before sales tax) or more, the Purchasing Agent shall follow the Formal Bidding Procedures, as outlined in Ark. Stats. 19-4425 (Repl. Sec3, Act 745 of 1985).
SECTION 4: All ordinances and or parts of ordinances in conflict herewith are hereby specifically repealed.
SECTION 5: It is found and declared by the City Council of the City of Jonesboro that this ordinance is necessary to establish written procedures, which shall be followed by all purchasing agents appointed by the Mayor and that these procedures are necessary for the efficient and orderly operations of city government and that, there for, an emergency exists and this ordinance being necessary for the preservation of the public peace, health, and safety, it shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 6th day of November, 1995.