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169481 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 290 ORDINANCE NO. 16,948 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE S 2 -242 (1988), TO INCREASE FROM $5000 TO.$10,000 THE MINIMUM PURCHASE AMOUNT BY THE CITY FOR GOODS OR SERVICES BEFORE COMPETITIVE BIDDING IS REQUIRED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Short Title An Ordinance declaring an emergency to increase to $10,000 the minimum purchase that requires competitive bidding. WHEREAS, the City of Little Rock, Arkansas, currently requires that purchases.over $5000 be subject to competitive bidding, in Little Rock, Ark., Rev. Code § 2 -241 (1988)( °LRC"); and WHEREAS, pursuant to Ark. Code Ann. § 14 -47 -138 (Michie 1987) the Board of Directors has the authority to set this minimum amount, and WHEREAS, the General Assembly has determined that a minimum level of $10,000 is appropriate for the State and for cities of the first class and to this end has adopted Acts 317, 340 and 812 during the 1995 regular session. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. LRC § 2 -242 (a) (1988), is hereby amended to read as follows: (a) Where the amount of expenditure for any purchase or contract authorized in section 2 -241 exceeds ten thousand dollars ($10,000.00) the city manager or his authorized representative shall invite competitive bidding thereon by legal advertisement published one (1) time in any local daily newspaper; bids received pursuant to the advertisement shall be opened not less than seven (7) days nor more than thirty (30) days following the date of invitation to bid. In the event the lowest responsible and responsive bid is more than twenty thousand dollars ($20,000.00), the city manager shall transmit to board of directors all bids received thereon and the board of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 291 directors, with the approval of the city manager, by resolution duly passed, shall authorize the purchase or contract to the lowest responsible and responsive bidder, unless the contract is subject to section 2 -243; provided, however, the city manager or board of directors may reject any and all bids. SECTION 2. LRC § 2 -242 (c) (1988), is hereby amended to read as follows: (c) No personal property owned by the city shall be sold or exchanged without competitive bidding unless the city manager shall certify in writing that, in his opinion, the fair market value of such property is less than ten thousand dollars ($10,000.00). SECTION 3. Severability. In the event any section, subsection, division, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this ordinance. SECTION 4. Repealer. All ordinances, resolutions, and laws, or parts of any of the foregoing, that are in conflict with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Section 5. Emergency. The ability to maintain an efficient and fair procurement system is essential to the public health, safety and welfare. To the extent that this system is hampered by an artificially low requirement for formal advertised competitive bidding, the system ceases to be efficient or fair. An emergency is therefore declared to exist and this ordinance shall be in full force and effect from and after the date of its adoption. PASSED: August 1, 1995 ATTEST: i ' / u ."I WN . N• 7 .. - • � 10"10 �