HomeMy Public PortalAboutORD-CC-2006-09ORDINANCE #2006-09
AN ORDINANCE AMENDING TITLE 2, OF THE MOAB MUNICIPAL CODE
REGARDING PURCHASING PROCEDURES
WHEREAS, the State of Utah negotiates purchasing contracts for services
and materials with a multitude of vendors to ensure the best pricing and quality
for all State Agencies and Local Governments; and
WHEREAS, a policy exception is needed to allow City Purchasing from a
State Contract without securing proposals and bids;
NOW THEREFORE, WE, the Governing Body of the City of Moab do
hereby ordain the following:
That Section 2.28.040 shall be amended as follows and 2.28.045 shall be
added as follows:
Chapter 2.28
2.28.045 Purchasing procedures -Exceptions
A. For cases between fifteen thousand dollars and twenty-five thousand dollars involving
essential public works projects, and approved in advance by the city manager and
purchasing agent, the sealed bid requirement may be waived, providing that the purchasing
agent procure proposals in writing from at least three bidders, as specified in this section. All
other exceptions to purchasing procedures require city council approval.
B. Essential public works projects shall include projects related to the maintenance and
operation of the water and sewer system, the wastewater treatment plant, streets and
sidewalks, storm drainage and flood control systems.
C. Where there is only one provider of goods or services to be procured by the city, the
purchasing agent may waive the requirement that competitive proposals accompany the
requisition, provided the department head shall have made reasonable efforts to identify or
obtain an alternative provider or bidder for the goods or services.
D. Notwithstanding the requirements of this chapter, where there exists an emergency
situation involving a threat to public health, welfare or safety, the purchasing agent may
authorize requisitions for expenditures without first complying with the proposal or bid
provisions of this chapter. In the event of any such emergency situation, the purchasing
agent shall assure that the terms of purchase are as competitive and favorable to the city as
is practicable under the circumstances.
E. When a bid/quote is submitted by a local vendor, and the bid/quote is not the lowest
bid/quote received by the city, a preference may be granted to local providers of products
and services if the following conditions are met:
Ordinance 2006-09 Page 1 of 2
1. "Local vendor" is defined as a licensed business or individual whose business is
located within Grand County or within a twenty mile radius of Moab city limits;
2. Requests for local's preference must be submitted to the purchasing agent in writing
prior to the purchase and are subject to approval. Requests for local's preference for
purchases not exceeding nine thousand nine hundred ninety-nine dollars and ninety-
nine cents will be approved or denied by the purchasing agent. Purchases in excess
of ten thousand dollars will be approved or denied by the city council;
3. The total amount of the local's preference cannot exceed more than five percent of
the lowest competitive bid/price received;
4. The total amount of the local's preference cannot exceed twenty-five thousand
dollars for a given project/product;
5. The granting of a local's preference is subject to the budget constraints of the
specified project or product.
F. State of Utah Contract. If a State Contract is in place for the item or service that the
department is purchasing then there is no need to solicit bids or quotations. The department
should use State Contracts when available and when they meet pricing and service
requirements. However, it is the option of the department head as to whether or not to use a
State Contract. This exception must be approved by the purchasing agent prior to the
purchase being made or negotiated. If the department decides not to use the State Contract
the appropriate bid/proposal process described above must be followed.
G. Procurements by procedures other than as specified in this chapter shall be allowed only
upon good cause shown, and by approval of the city council. (Ord. 03-07, 2003: Ord. 03-01,
2003: Ord. 99-10, 1999: Ord. 97-09, 1997: Ord. 84-03 § 2, 1984: prior code § 2-53)
PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in
open session this 8th day of August, 2006. This ordinance shall take effect immediately
upon passage.
(-)-;TEST:
Rachel Ellison Dave • akrison
Moab City Recorder
Mayor of Moab City
Ordinance 2006-09 Page 2 of 2
CITY OF MOAB
PLANNING
COMMISSION
PUBLIC HEARING
LAND USE
ORDINANCES
The City of Moab
Planning Commis-
sion will hold a Public
Hearing on Thursday,
November 17, 2005
at approximately 6:00
p.m. in the Council
Chambers of the Moab
City Offices at 217 East
Center Street, Moab,
Utah.
The purpose of this
hearing is to solicit pub-
lic input on the following
land use ordinances:
ORDINANCE 2006-01
AN ORDINANCE
AMENDING SECTION
17.06.015 OF THE
MOAB MUNICIPAL
CODE REGARDING
DESIGNATION OF FI-
NALAUTHORITY FOR
APPROVAL OF MU-
NICIPAL LAND USE
CODE PROCESSES
AND THE DESIGNA-
TION OF APPEAL
THE PLANNING CC(
MISSION IS DESIG-
NATED AS THE FI-
NALAUTHORITY FOR
GRANTING CONDI-
TIONAL USE PER-
MITS. APPEALS ARE
TO BE MADE TO THE
BOARD OF ADJUST-
MENTS.
ORDINANCE 2006-05
AN ORDINANCE
AMENDING SEC-
TIONS 17.12.020
THROUGH 17.12.090
OF THE MOAB MU-
NICIPAL CODE AS
FOLLOWS:
(1). DELETING THE
WORDS "SPECIAL
EXEMPTIONS" AND
BY REPLACING THE
WORD "NONCON-
FORMING" WITH
"NONCOMPLYING"
WHENEVER THE OR-
DINANCE REFERS
TO STRUCTURES OR
BUILDINGS.
ORDINANCE 2006-06
AN ORDINANCE
AMENDING THE
MOAB MUNICIPAL
CODE SECTIONS
16.08.010, PRELIMI-
NARY PLAT PRO-
CEDURE, 16.12.050
PRELIMINARY PLAN
APPROVAL AND
16.08.050 VACATING
OR CHANGING OF A
SUBDIVISION PLAT
REQUIRING THE
PLANNING COM-
MISSION TO HOLD
PUBLIC HEARINGS
ON PRELIMINARY
PLAT APPROVAL
AND TO REQUIRE
THAT NOTICING AND
CHANGE OF SUBDI-
VISION PLATS MUST
CONFORM TO STATE
LAND USE CODEAND
TO NOTICING RE-
QUIREMENTS.
ORDINANCE 2006-07
AN ORDINANCE
AMENDING SECTION
16.08.05.F OF THE
MUNICIPAL CODE
REGARDING THE
REQUIREMENT FOR
SUBDIVISION, MULTI-
UNIT RESIDENTIAL
AND INDUSTRIAL DE-
VELOPMENT TO OB-
TAINA LETTER FROM
ASEWER AND WATER
AUTHORITY THAT IS
NOT THE CITY WHO
WILL PROVIDE SAID
SEWER AND/OR WA-
TER SERVICES.
ORDINANCE 2006-08
AN ORDINANCE
AMENDING THE
MUNICIPAL CODE
DESIGNATING THE
PLANNING COMMIS-
SION AS THE FINAL
LAND USE AUTHOR-
ITY AND THE BOARD
OF ADJUSTMENT
AS THE APPEAL AU-
THORITY.
ORDINANCE 2006-13
AN ORDINANCE
AMENDING SECTION
17.66.140, PLANNED
UNIT DEVELOP-
MENTS, OF THE
MOAB MUNICIPAL
CODE DESIGNATING
THE PLANNING COM-
MISSION TO HOLD A
PUBLIC HEARING AF-
TER PROPER NOTIC-
ING ON PRELIMINARY
PLAT APPROVAL.
ORDINANCE 2006-14
AN ORDINANCE
AMENDING THE
MOAB MUNICPAL
CODE, SECTION
17.69.060, SECOND-
ARY DWELLING,
ESTABLISHING THE
BOARD OF ADJUST-
MENT AS THE AP-
PEAL AUTHORITY TO
PLANNING COMMIS-
SION DECISIONS.
ORDINANCE 2006-15
AN ORDINANCE
AMENDING SECTION
17.70.050, BED AND
BREAKFAST FACILI-
TIES, ESTABLISHING
THE BOARD OF AD-
JUSTMENT AS THE
APPEAL AUTHOR-
ITY TO PLANNING
COMMISSION DECI-
SIONS.
Complete copies of
these ordinance are
available for public re-
view at the Moab City
Planning Office locat-
ed at 217 East Center
Street.
In compliance with
the Americans with Dis-
abilities Act, individuals
needing special ac-
commodations during
this meeting should
notify the Recorder's
Office at 217 East Cen-
ter Street, Moab, Utah
84532; or phone (435)
259-5121 at least three
(3) working days prior
to the meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah November
3 and 10, 2005.
NOTARY PUBLIC
SUSAN LARSEN!
300 S Main
Moab, Utah 84532
t,Ay Commission Expires
June 30, 2008
STATE OF UTAH
Proof of Publication
STATE OF UTAH,
County of Grand,
ss.
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Land Use Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Nov. 3, 2005
;and the last on Nov. 10, 2005
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
t�
Co -Publisher
Subscribed and sworn before me this not/. 26,
/Notary Public
Residing at Moab, Utah
My Commission Expires