(a)Â
The power to authorize the making of contracts on behalf of the city
is vested in the Council and shall be exercised in accordance with
the provisions of law.
The Council shall establish, by ordinance, the procedures for
the purchase and sale of personal property. Such ordinance may provide
for centralized purchasing on behalf of the city. The ordinances shall
also provide the dollar limit within which purchases of personal property
may be made without the necessity of securing competitive bids, and
the dollar limit within which purchases may be made without the necessity
of Council approval. No purchase of personal property shall be made
unless a sufficient unencumbered appropriation is available to pay
that part of the cost thereof which will be due for payment during
the fiscal year in which the purchase is made.
(a)Â
The Council shall only have power to enter into contracts which,
by the terms thereof, will be fully executed within a period of 10
years, unless such contracts shall first receive the approval of a
majority of the qualified electors voting thereon at a regular or
special election. This qualification shall not apply to any contract
for services with a public utility or one or more other governmental
units, nor to contracts for debt secured by bonds or notes which are
permitted to be issued by the city by law.
(b)Â
The city shall not have power to purchase, sell, lease, or dispose
of any real estate unless:
(1)Â
Such action is approved by the affirmative roll call vote of
six or more members of the Council, and unless.
(2)Â
In the case of real estate owned by it, the resolution authorizing
the sale, lease, or disposal thereof shall be completed in the manner
in which it is to be finally passed and has remained on file with
the Clerk for public inspection for 30 days before the final adoption
or passage thereof, and unless,
(3)Â
When the proposition is to sell any park, cemetery or any part
thereof, except when such park is not required under an official master
plan of the city, the proposition to sell, lease, or dispose of the
same shall also be approved by a 3/5 vote of the electors of the city
voting thereon at any general or special election.
(c)Â
Except as provided by ordinance authorized by Section 13.2 of this chapter, each contract for construction of public improvements or for the purchase or sale of personal property shall be let after opportunity for competitive bidding. All bids shall be opened in public in the Council room by the City Manager or the City Auditor at the time designated in the notice of letting, and shall be reported to the Council at its next meeting. The Council may reject any or all bids, if deemed advisable. If, after two or more opportunities for competitive bidding, no bids are received or such bids as were received were not satisfactory to the Council, the Council may either endeavor to obtain new competitive bids or may authorize the City Manager or other proper official of the city to negotiate for a contract in the open market. The requirement of a second bid before endeavoring to negotiate on the open market may be waived by the Council by the vote of not less than six of its members.
(d)Â
No contract shall be made with any person who is in default to the
city.
(e)Â
No extra compensation shall be paid to any agent, employee, or contractor
after the service has been rendered or the contract entered into.
An officer or employee of the city who intends to have business dealings with the city, whereby he may derive any income or benefits, other than such as are provided as remuneration for his official duties or employment, shall file with the Clerk a statement under oath, setting forth the nature of such business dealings, and his interest therein. The statement shall be filed with the Clerk not less than 10 days before the date when action may be taken by the Council or any other agency of the city upon the matter involved. The statement shall be spread upon the proceedings of the Council for the meeting at which it is received and published in full therewith. In each case where the type of dealings with the city is on a continuing basis, involving more than one or a sequence of transactions described in the statement, each such statement shall stand for and apply to such transactions for a period of one year, and may be renewed at the end of each one-year period for so long as such transactions continue. Each such renewal shall be spread upon the proceedings of the Council and published as in the case of the original statement. In the event that the interest of any officer or employee of the city in any business dealings with the city changes at any time, he shall file a statement thereof as herein required, which statement shall also be spread upon the proceedings of the Council and published as herein required. Approval of any such business dealings shall require a concurring vote of at least five members of the Council, not including any member who is disqualified under Section 4.5 (h) of this charter. Any business dealing made in violation of this section shall be void.
