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HomeMy WebLinkAbout073-89 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 73-89 Ordinance No, mU.mnmm. Passed.... n munnnmn_ nmmmm.19n . THE CITY MANAGER TO ENTER INTO A CONTRACT~ WITHOUT FORMAL ADVERTISING AND COMPETITIVE BIDDING~ FOR THE PURCHASE OF CONSTRUCTION MATERIALS RELATIVE TO THE AVERY ROAD IMPROVEMENTS PROJECT AND DECLARING AN EMERGENCY . WHEREAS ~ the City of Dublin needs to purchase certain construction materials relative to the Avery Road Improvements Project; and, WHEREAS ~ if said materials are not purchased in an expeditious manner, it may jeopardize the completion of said project during the present construction season; and, WHEREAS ~ the pursuit of formal advertising and a formal competitive bidding process would significantly encumber the procurement process and thus, would jeopardize the completion of the Avery Road Improvements Project during the present construction season; and, WHEREAS ~ Section 8.02(B) of the Dublin Charter enables Council, by ordinance or resolution adopted by a vote of at least two-thirds of its members, to authorize, without advertising and competitive bidding, contracts and expenditures for any purpose where the statutory or common law of Ohio does not require competitive bidding; and, WHEREAS ~ Section 735.05l of the Ohio Revised Code enables the legisla- tive authority of a city to authorize, by a two-thirds vote of its members elected thereto, the City Manager, or other duly authorized contracting authority, to enter into a purchasing contract without formal bidding and advertising, when a real and present emergency arises in connection with the operation of any department, division, commis- ~t sion, bureau or board of the municipality; and, o ; oI-l CI ..c: 'r-- .0- i .~ WHEREAS ~ Council believes that if said certain construction materials J:-' .- 111 .E are not purchased in an expeditious manner, and hence, completion of the ~r .... c .g Avery Road Improvements Project during the present construction season >- C> .!:l , c, is therefore jeopardized, it would create a real and present emergency ~ ' 0 CD '";:: ':5, that it would severely hamper the ability of the City to regulate ..r:: -- c ln 00 .-: z 8 traffic flow within certain sections of the City; ';:" I r::~ . r::: = "". ..Cl - o :") ~ ~ I ~'" i!: NOW ~ THEREFORE ~ BE IT ORDAINED by the Council of the City of Dublin, o 000 I>> of the elected members concurring: ~~,~ ~ tJ State of Ohio, n .E; e u~ '-' r::: CI) IC.s;: Section l. That the City Manager be, and hereby is, directed to obtain ~ I .~ .0- Cd ""C -- ~ several quotes regarding the purchase of certain construction materials I .... 0 .0 10 - ~ .....0 relative to the Avery Road Improvements Project. ::;J 0 r::: >- i5 I . 0-...", X e CI) I Section 2. That the City Manager be, and hereby is, authorized and UlI ~-E~ II Q) I ~ ~:l directed to enter into a contract for the purchase of certain construc- g c-c~ tion materials relative to the Avery Road Improvements Project, at a co .~ 2:!< II cost not to exceed $300,000, without formal advertising and competitive 1-1 en c.. ~ ,=.g- II bidding, pursuant to Section 735.05l of the Ohio Revised Code. g, C 0:;:) E :- ~ I '-:-~-C"'CI Section 3. That this Ordinance be, and hereby is, declared to be an emergency measure necessary for the preservation of the public health, safety, and welfare and, therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this 7t-h day of August. , 1989. · --/~Lo ~ 'fkJ~ I hereby certify that coples of this Ordinance/Resolution were posted in he City of Dublin in accordance with Section 73J ,25 of the Itlio Revised Cod, C1erk of Cou cil ~_~w~ ~ ~4.J Sponsor: City Manager Clerk of Counci , Dublin, Ohio MEMORANDUM TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager SUBJECT: Ordinance 73-89 DATE: August 3, 1989 Attached for your consideration is Ordinance 73-89 authorizing and directing the City Manager to enter into a contract, without formal advertising and competitive bidding, for the purchase of certain construction materials relative to the Avery Road Improvements Project, at a cost not to exceed $300,000. Staff believes that if said certain construction materials are not purchased in an expeditious manner, completion of the Avery Road Improvements Project during the present construction season, may be jeopardized. The pursuit of formal advertising and a formal competitive bidding process would significantly encumber the procurement process. Therefore, staff recommends that formal advertising and bidding requirements be waived, pursuant to Section 8.02(B) of the Dublin Charter and Section 735.05l of the Ohio Revised Code. In addition, staff also recommends that Ordinance No. 73-89 be passed as emergency legislation. :mc Attachment