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34-93 ORDINANCE NO. 34-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY ENACTING A NEW SUBSECTION 36.01(B), TO PROVIDE CLARIFICATION THAT THE CITY MANAGER OR HIS DESIGNEE MAY EXECUTE CERTAIN CONTRACTS REGARDING THE ACQUISITION OF PERSONAL PROPERTY, SUPPLIES, CONTRACTUAL SERVICES, CHANGE ORDERS, SERVICE AUTHORIZATIONS AND MODIFICATIONS THEREOF IN INSTANCES WHERE BY ORDINANCE A PUBLIC HEARING OR REVIEW, AWARD, SELECTION OR APPROVAL BY THE CITY COMMISSION IS NOT REQUIRED; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Delray Beach, Section 4.04(h), provides that the City Manager has the power to sign contracts on behalf of the City pursuant to provisions of the City Charter, appropriation ordinances, and as authorized by ordinance, resolution or by motion; and WHEREAS, Section 36.02(A), (B) and (C) of the Code of Ordinances of the City of Delray Beach provides generally that supplies or contractual acquisition of personal property or services of less than ten thousand dollars ($10,000.00) do not require City Commission review or approval; and WHEREAS, Section 36.10 through Section 36.14 of the Code of Ordinances of the City of Delray Beach sets forth the implementation procedures for change orders, and contracts and modifications thereto which do not require City Commission review, award or approval where changes do not increase the total price over ten thousand dollars ($10,000.00); and, WHEREAS, the City Commission desires to clarify that the City Manager or his designee may execute purchase orders and contracts for the acquisition of personal property, supplies, and contractual services and may execute change orders, service authorizations or contract modifications which do not require a public hearing, City Commission review, approval, selection or award, pursuant to the above named ordinances. 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 Transactions", Subheading "City Purchasing", Section 36.01, "Compliance With Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 36.01 COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS (A) The details of all city purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City Charter and the current revision of the city's code. (B) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts~ change orders~ service authorizations or modifications thereto when a public hearinq, or approval, review, selection or award by the Commission is not required by this Chapter. 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 this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of April , 1993. ATTEST: First Reading April 13, 1993 Second Reading April 27, 1993 - 2 - Ord. No. 34-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~'1 SUBJECT: AGENDA ITEM # ;0 ~ - MEETING 0F APRIL 27. 1993 ORDINANCE NO. 34-93 DATE: April 23, 1993 This is the second reading of an ordinance amending the Code of Ordinances to provide clarification that the City Manager or his designee may execute certain contracts regarding the acquisition of personal property, supplies, contractual services, change orders, service authorizations and modifications thereof in instances where by ordinance a public hearing or review, award, selection or approval by the City Commission is not required. This ordinance clarifies the signature authority of the City Manager. At the April 13th regular meeting, Ordinance No. 34-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 34-93 on second and final reading. CITY I)F DELRAY BEIIgH CITY ATTORNEY'S OFFICE Writer's Direct Line (407) 243-7091 MEMO~ND~ RECEIVED TO: City Co~ission n~tCf [he C~[y Na~a~e~ This ordinance clarifies the signature authority of the City Manager. The Charter permits the Manager to execute contracts where the Commission delegates the authority by Charter, Ordinance, Resolution, or Motion. The Ordinance seeks to make clear that matters, acquisitions and contracts addressed in Chapter 36 of the City's Code of Ordinances which do not require City Commission review, approval, selection or award and that do not require a public hearing, may be made binding upon the City with the signature of the City Manager By copy of this memorandum to David Harden, our office requests that this ordinance be placed on an agenda for City Commission Attachment cc David Harden, City Manager William Greenwood, Director of Environmental Services Ralph Hayden, City Engineer Ted Glas, Director of Purchasing s~gncm, sar ORDINANCE NO. 34-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY ENACTING A NEW SUBSECTION 36.01(B), TO PROVIDE CLARIFICATION THAT THE CITY MANAGER OR HIS DESIGNEE MAY EXECUTE CERTAIN CONTRACTS REGARDING THE ACQUISITION OF PERSONAL PROPERTY, SUPPLIES, CONTRACTUAL SERVICES, CHANGE ORDERS, SERVICE AUTHORIZATIONS AND MODIFICATIONS THEREOF IN INSTANCES WHERE BY ORDINANCE A PUBLIC HEARING OR REVIEW, AWARD, SELECTION OR APPROVAL BY THE CITY COMMISSION IS NOT REQUIRED; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Delray Beach, Section 4.04(h), provides that the City Manager has the power to 3ign contracts on behalf of the City pursuant to provisions of the City Charter, appropriation ordinances, and as authorized by ordinance, resolution or by motion; and WHEREAS, Section 36.02(~), (B) and (C) of the Code of Ordinances of the City of Delray Beach provides generally that ~upplies or contractual acquisition of personal property or services of less than ten thousand dollars ($10,000.00) do not require City Commission review or approval; and WHEREAS, Section 36.10 through Section 36.14 of the Code of Ordinances of the City of Delray Beach sets forth the implementation procedures for change orders, and contracts and modifications thereto which do not require City Commission review, award or approval where changes do not increase the total price over ten .thousand dollars ($10,000.00); and, WHEREAS, the City Commission desires to clarify that the City Manager or his designee may execute purchase orders and contracts for the acquisition of personal property, supplies, and contractual services and may execute change orders, service authorizations or contract modifications which do not require a public hearing, City Commission review, approval, selection or award, pursuant to the above named ordinances. 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 Transactions", Subheading "City Purchasing", Section 36.01, "Compliance With Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 36.01 COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS (A) The details of all city purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City Charter and the current revision of the city's code. (B) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when a public hearing, or approval, review, selection or award by the Commission is not required by this Chapter. 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 this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 34-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /~- MEETING OF APRIL 13, 1993 ORDINANCE NO. 34-93 CLARIFYING THE SIGNATURE AUTHORITY OF THE CITY MANAGER DATE: APRIL 8, 1993 This is first reading of an ordinance amending Section 36.01, "Compliance with Standard Practice Instructions", of the City's code to provide clarification that the City Manager or his designee may execute certain contracts regarding the acquisition of personal property, supplies, contractual services, change orders, service authorizations and modifications thereof in instances where by ordinance a public hearing or review, award, selection or approval by the City Commission is not required. Ordinance No. 34-93 simply clarifies the signature authority of the City Manager. Recommend approval of Ordinance No. 34-93 on first reading. If passed, second reading and public hearing will take place on April 27, 1993. A PU~C HEARING ~ be h~ m A# O~DINA~CE OF THE Cl~ C~ RATO~ ~ D~LRAY B~ACH R~Y~T~N R~AC~ ~FFRFI~L~ RFACH ~ ~ ~ ~ ~ ~ ~ ~ ~CI~ ~N~ PRESENTLY BOCA m~), m T~y, ~ ~, ~ ~ ~ED C~D (CE~L ~USIHE~ ~ C~ ~m~ ~ ~ OISTRI~) IN CF (C~UNi~ F~ ~ ~ ~ C~ ~ M~ L~TED ~T THE ~ ~ ~. ~ ~ CORNER ~ N.E. nTH AVENUE Boca ~aton. Palm Beach County, Florida ~ ~ F~, ~ ~ ~[~,~ ~; .0v,~,~0 Delray Beach, Palm Beach County, Florida ~ ~.~ ~ ~ ~ ~ ~ ~v,,:o c~us~, ~ AN ORDINANCE ~ THE CITY ~ ~ ~ ~ C~ ~m~ COUNTY OF PALM BEACH c~.. ~ .,~CE, c,. ~ ~. ~. ~ Before the undersigned authority persona r,o. ~.,,. ~.~f ~. o~ ~ ~ ~ ~ ~ ~, ,. ager of The News, daily newspapers pub- ~.~o~ o..s o. ~DIFI~TIONS; C0~$TRUCTI~ CiTY 0F ~LRAY BEACH Florida; that the attached copy of advertise- ~" ~ c~,~ ment was published in said newspapers in s,~, BE ENTERED INTO BY the issues of: Cl~ C~l~l~ REVI~, ~- CE~AK~ A~R~ OR lNG C~USE, AND AN EFFE~IVE - ~ AN ORDINANCE OF THE Cl~ C~ B~CH, FLORI~ PRO~R~ TRAN~CTI~, SEC- STAgDARO PRA~ICE INSTRUC- T~ON~, BY RELE~ERI~ TffE Affiant further says that The News 18 a ~,, ,.~ a. E.~,~ ~ .~ SUSSECTI~ ~.gl(B). TO newspaper published In Boca Baton, In said ~.G.C~n~'~T~°"o~ H~S*~*0ES~G..~ C~.~ Palm Beach County, Florida, Monday .G.~,~ *. AC~,S,*,~ ~ through Sunday, and has been entered as c~.~u~ second class matter at the post office In ,~,~,,~, ,,o ~,~ for a period of one year next preceding the c,~c~,~,o. ~ '"~,s ~T" ~"~.. first publication of the attached copy of c~us~, ~.~ ~. EF~EC.,VE DATE. adver~lsemen[; ~nd ~ffl~n~ further s~ys [ha[ he has neither paid nor promised any ~. o.~,~. ~ ,.. c,~ c~ BEACH, FLORIDA, ~ENOI~ rebate, commission or refund for the put- TATIo"C~PTER ~R~,I' ~PECIAL IMPL~E~OF pose of securing this advertisement for pub* .,~, o. ,.~ c,n ~ lication in said newspapers. ~ ~To~..~. ~E.o,~ T.E c~E OF o~o~  ~TORMWATER WNAGM~ ~ SE~ENT LiE~, SY RE~ THE SECTION ~T~MWATER ~ SE~ENT LIENS; ENF~CE- ~,191AI TO PROVI~ FOR E~ F~CEMENT OF DELI~EM7 Sworn to and subscribed before me this ., ',NTERI~ ~T~ 0F C~- ~ % SE~'~ E, F AND G TO ~,. day o . AD., 19 ~. THE PkYMENT kND C~ OF COLLE~ION ~E~CTIVELY, ~ BY E~ACTI~G A NEW SECT~ t ~ ~T~WATER ~E~NT ' ~BLIC HEARING FOR THE ~R- ~E OF ESTA~LI~I~ A BU~ (Seal. Notary Public, State of Florida at large) T.E PREPA~TI~, I ~TICE$T0 P~RTY INSTANCES WHERE IT I$ REN~ERI~ ~R~R ~ uonaea [hru ~mice Ins Co , .v,.~ c.u..; GENERAL REPEALER C~USE; ' ' PROVIDING AN EFFECTIVE DATE.