073-89 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,
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.0- i .~ WHEREAS ~ Council believes that if said certain construction materials
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.- 111 .E are not purchased in an expeditious manner, and hence, completion of the
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.... c .g Avery Road Improvements Project during the present construction season
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.!:l , c, is therefore jeopardized, it would create a real and present emergency
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CD '";:: ':5, that it would severely hamper the ability of the City to regulate
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~ 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
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IC.s;: Section l. That the City Manager be, and hereby is, directed to obtain
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Cd ""C -- ~ several quotes regarding the purchase of certain construction materials
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~ .....0 relative to the Avery Road Improvements Project.
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X e CI) I Section 2. That the City Manager be, and hereby is, authorized and
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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
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~ ,=.g- II bidding, pursuant to Section 735.05l of the Ohio Revised Code.
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'-:-~-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
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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.
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Attachment