HomeMy WebLinkAbout062-O-23 Amending Title1, Chapter 17, Section 1, "Purchases of Good or Services"06/26/2023
62-O-23
AN ORDINANCE AMENDING TITLE 1, CHAPTER 17, SECTION 1,
“PURCHASES OF GOODS OR SERVICES”
WHEREAS, the Evanston City Code provides that all contracts for the
purchase of goods and services in excess of twenty-five thousand dollars ($25,000.00)
be approved by the City Council; and
WHEREAS, the Evanston City Code authorizes the City Manager to make
purchases in excess of twenty-five thousand dollars ($25,000.00) without prior approval
of the City Council when there is imminent threat to City property or that Evanston
residents; or imminent threat to the health and welfare of residents; or when there is
substantial economic benefit to the City; and
WHEREAS, the Evanston City Code does not specify other types of
agreements and contracts, including but not limited to employment agreements or
settlement agreements; and
WHEREAS, the City Council finds it is necessary to amend the City Code
to clarify the authority of the City Manager for the benefit of Evanston residents and tax
payers.
NOW THEREFORE BE IT ORDAINED, by the Evanston City Council that
Title 1, Chapter 17, “Purchase, sale and Lease of Real and Personal Property” of the
Evanston City Code of 2012, as amended is further amended as follows:
1-17-1. - PURCHASES OF GOODS OR SERVICES. CONTRACTS WITH THE
CITY.
(A)All contracts with the City for the purchase of goods or services costing in
excess of twenty-five thousand dollars ($25,000.00) must be approved by the
City Council. Contracts for the purchase of goods or services to be utilized in
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the conduct of the affairs of the City, shall be let by the City Manager or
his/her designee, with the approval of the City Council, to a reliable,
responsible and acceptable bidder, after advertising for the same, and bonds
to be approved by the City Council may be taken for the faithful performance
thereof. The City Manager, or his/her designee, may reject all bids and shall
subsequently advise the City Council of his/her action or, with the approval of
the City Council, may award the contract to a bidder other than the lowest
bidder if it should be determined that such action would be in the best interest
of the City. Any such contract may also be entered into by the proper officers
without advertising for bids upon the authorization of the City Council by a
vote of two-thirds (⅔) of all Aldermen then holding office. Notwithstanding the
above, the City Manager or his/her designee shall have the authority to make
purchases in excess of twenty-five thousand dollars ($25,000.00) without
prior council approval when there is an imminent threat to the property of the
City or its citizens or the health and welfare of its citizens; or when there is a
substantial economic benefit to the City not otherwise obtainable; providing,
however, that a report of said purchase shall be promptly made to the City
Council. All other contracts for the provision of goods or services to be utilized
in the conduct of the affairs of the City shall be let by the City Manager or
his/her designee to a reliable, responsible person, firm or agency without the
necessity of advertising for bids, or of obtaining prior City Council approval.
Bonds may be taken for faithful performance of such contracts. This provision
shall not apply to contracts for work, material or supplies to be paid in whole
or in part by special assessment.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
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SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
July 10
June 26
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July 12