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186520 0 1 ORDINANCE NO. 18.652 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 2- 4 242 (1988) TO INCREASE THE AMOUNT AT WHICH THE CITY HAS 5 TO ENGAGE IN FORMAL COMPETITIVE BIDDING TO $25,000; TO 6 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 7 8 WHEREAS, Ark. Code Ann. § 14 -47 -138 (Michie Repl. 1998) authorizes the City 9 Board of Directors is permitted to set the amount at which formal competitive bids are 10 required for City purchases of goods and services, and 11 WHEREAS, this amount cannot be contrary to state law for governmental 12 purchases, and 13 WHEREAS, two inconsistent acts were passed during the 2001 session of the 14 Arkansas General Assembly which impacted the ability of a City of the first class to set bid 15 requirements for purchases in excess of $10,000, but after thorough review it has been 16 determined that Act 1237 of 2001, codified as Ark. Code Ann. § 19- 11- 229(b) (Michie Supp. 17 2001), permits this amount to be raised to $25,000, and 18 WHEREAS, the City Manager, Director of the Department of Finance & Treasurer, 19 and the City Purchasing Agent, concur that such an increase would be in the best interests 20 of the City, 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 22 THE CITY OF LITTLE ROCK, ARKANSAS: 23 Section 1. Little Rock, Ark., Rev. Code § 2 -242 (a) (1988) is hereby amended to 24 read as follows: [PAGE 1 OF 3] Ordinance Increase in Bid Limits 0 0 1 Where the amount of expenditure for any purchase or contract authorized in 2 section 2 -241 exceeds twenty -five thousand dollars ($25,000) or more the city 3 manager or his authorized agent shall invite competitive bidding thereon by 4 legal advertisement published one (1) time in any local daily newspaper; bids 5 received pursuant to the advertisement shall be opened not less than seven (7) 6 days nor more than thirty (30) days following the date of invitation to bid. In 7 the event the lowest responsible and responsive bid is twenty-five thousand 8 dollars ($25,000) or more, the city manager shall transmit to the board of 9 directors all bids received thereon, and the board of directors, with the approval 10 of the city manager, by resolution duly passed, shall authorize the purchase or 11 contract to the lowest responsible and responsive bidder, unless the contract is 12 subject to section 2 -243; provided, however, the city manager or board of 13 directors may reject any and all bids. 14 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 15 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, 16 such declaration or adjudication shall not affect the remaining portions of the ordinance which 17 shall remain in full force and effect as if the portion so declared or adjudged invalid or 18 unconstitutional was not originally a part of the ordinance. 19 Section 3. Repealer. All resolutions, bylaws, and other matters inconsistent with this 20 resolution are hereby repealed to the extent of such inconsistency. 21 Section 4. Emergency. The ability to assure the most efficient and economical way to purchase 22 goods and services within the City is essential to preserve the public health, safety and welfare, particularly 23 as it assures that the City is able to wisely budget and expend public funds; this amendment enhances the 24 City's ability in this area; an emergency is, therefore, declared to exist and this ordinance shall be in full force 25 and effect from and after the date of its passage and shall apply to all competitive bid requests for proposal 26 issued after the date of its passage. 27 ADOPTED: MARCH 5, 2002 [PAGE 2 of 31 Ordinance Increase in Bid Limits 0 1 ATTEST: 2 3 4 Nancy Wo d, City Clerk 5 APPROVED AS TO LEGAL FORM: 7 8 Thomas M. Carpenter, City At orney 9 // to 11 11 // 12 13 14 15 // 16 17 18 19 // 20 // 21 22 23 // 24 25 26 27 // [PAGE 3 OF 3] Ordinance Increase in Bid Limits 0 APPROVED: 1. jin0ailey, Mayor