1982/03/05 Council Minutes - Laserfiche WebLink

06 March 5,1E82 Moved by Councilman Stephanson,seconded by CouncilMan Gipson,that this I is declared to be the final reading of Council Bill No.822-67 and the City clerk is directed to call the roll for the final disposition of the : Ordinance. Roll Call: Ayes: Langus,Michelson,Stephanson,Gipson,Aldcroft,Pope , Nays: None Excused: Overstreet Ordinance No.839-82 Adopted. COUNCIL BILL NO.822-66 FINAL READING: AN ORDINANCE authorizing the Mayor,or his designee,to let or enter into contracts not requiring competitive bidding on behalf of the City of Everett. Bruce Jones,city Attorney,said there is no specific grant of authority • to either the Mayor or the Council to obligate the City to contracts under the City of Everett Charter. Section 3.2 of the Charter refers to making of contracts by the City Council in the following context: • .No ordinance or resolution shall be passed,or contract let or entered . into,or bill for the payment of=one,'allOwed a,anY meeting o0t°Pon to the public,nor at any public meeting,the date of which is not fixed , by ordinance,resolution or rule,unless public notice of such meeting has been given by such notice to the local press,radio,and television, , as will be reasonably calculated to inform inhabitants of the City of the meeting.. •• • • He said that previous City Attorneys interpreted that the reference in the above sentence to the making of contracts at a public meeting re- quired that all contracts of the City must pass through the City Council. However,successor City Attorneys to Les Cooper and himself,Allen Hendricks,Dick Thompson and Brad Cattle,interpreted the above provision as a.sunshine"pravision which simply meank that,where approPriate for the City Council to approve contracts,the City Council will do so at a .. public meeting and that the adoive sentence in the Charter does not necessarily confer on Council the sole authority to let or enter into • contracts on behalf of the City,particularly contracts which are • necessarily within the scope of the Mayor's duties and authorities as outlined in Section 4.1 of the Charter prbvided that the function is established and funds are appropriated within the current City budget adopted by the Council. He said certainly the latter interpretation is reasonable with regard to the acquisition of goods and services,the cost of which is less than$2,000,otherwise,the City Council would be deluged with all purchase orders which are issued by the City in the normal course of executing its annual budgeted responsibilities. • , Mr.Jones stated the proposed ordinance authorizes the Mayor to enter into contracts not reguring competetive bidding for:1)goods and • 1 services yrithin current budget,and 2)for goods and services within PlanS and SYstems ordinances, (exCept design services). This ordinance is a housekeeping ordinance which codifies established practice.