155-88 · 3RDINANCE _NO. 155-88
AN OP~INANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ADDING A NEW SECTION 36 · 08, "EMERGENCY
PURCHASES", TO PROVIDE FOR THE PROCEDURES AND
REQUIREMENTS FOR CITY PURCHASING IN THE CASR OF
EMERGENCIES; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida deems it to be in the best interest of the residents and
citizens of the City of Delray Beach, Florida, and in the interest of
efficient management in the case of emergencies, to provide for~proce-
dures in the Code of Ordinances of the City of Delray Beach, Ftorida,
for emergency purchases. ~-
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transac-
tions'', of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is, hereby amende~ by adding a new Section 36.08,
"Emergency Purchases", to read as follows:
The provisions of Section 36.02 notwithstanding, the City
Manager or his designee, as s~ecified in writing, shall
have the authority to make certain emergency purchases
only in the instance when the health, safety, or general
welfare of all or a significant~ specified portion of the
residents of the City of Delray Beach are affected.
(a) The City Manager shall institute written
administrative procedures for the proper
execution of the emergency purchases by City
administrative staff as set forth herein.
{b) For emergency purchases which are not antici-
pated to exceed ten thousand dollars
($10,000.00), the City Manager shall have the
authority to waive the provisions set forth in
Section 36.02 of the Code of Ordinances, and
sh~.!! subse~F.' ently so notify the City
Commission of such emergency purchase.
(c) For emergency purchases, which are anticipated
to exceed the sum of ten thousand dollars
( $10,000.00), the City Manager shall first
endeavor to notify the Mayor for purposes of
calling a special emergency meeting of the City
Commission to approve said purchase in advance.
If the City Manager determines that a quorum
for such an emergency special City Commission
meeting cannot be obtained, the City Manager
shall have the authority to make such purchases
provided that the City Manager notifies the
City Commission both verbally and in writing
within twenty-four ( 24 ) hours after the
purchase has been executed, and that the
purchase shall be subsequently ratified by the
City Commission at the next regularly scheduled
City Con~nission meeting.
(d) For purpose~ of this section, the definition of
of emergency shall mean 'whenever the health,
safety, or general welfare of all the resi-
dents, or significant specified ~ortion of the
residents, of the City of Delray Beach are
affected or shall be irreparably harmed should
the purchase occur through the regular purchas-
ing procedures set forth in Section 36.02,
rather than utilizing the em~rgen~ procedures
set forth herein.
Section 2. That should any. section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of .D~ce~er ., 1988.
ATTEST:
First Reading Nn,~.m~,_, ~: 1988.
Second Reading D.e.gember 13, 1988
2 ORD. NO. 155-88