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HomeMy Public PortalAboutOrdinance 02-8621 ORDINANCE NO. 02 -862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 2514 AND ADDING NEW SECTION 2515 TO THE TEMPLE CITY MUNICIPAL CODE ENACTING AS A CHARTER CITY CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE CALIFORNIA PUBLIC CONTRACTS CODE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. The following regulations are adopted under the authority of the following cases: R &A Vending v. L.A. 87 CA3d 1188; Bishop v. San Jose 1 C3d 56; San Diego v. SupCt 198 CA3d 1466 -9; Smith v. Riverside 34 CA3d 529; Piledrivers v. Santa Monica 151 CA3d 509 -11; Dynamic v. Long Beach 159 CA3d 294; A.G. Ops 99 -316; Committee v. SupCt 45 C3d 491; Howard v. McDonald 83 CR2d 590; Graydon v. Pasadena 104 CA3d 631; Pub Contracts Code §20133; §14661 Calif. Gov't Code; Calif. Public Code §1100.7; Traders v. San Leandro 01 -DAR 11409; Horton v. Oakland 98 CR2d 371; and the City Charter. SECTION 2. Section 2514 of the Temple City Municipal Code is hereby amended to read: 2514. DESIGN /BUILD CONTRACTS Whenever the City enters into a public works contract which involves a project which is determined by the City Council to be entirely local (parochial) in nature, and involves no matter of statewide interest or concern, as determined pursuant to the criteria set forth in the citations set forth in Section 1 of this Ordinance (hereby incorporated by reference), then the City Council may elect to proceed to contract therefore as a design /build project without compliance with the California Public Contracts Code including any and all matters relating to bidding, specifications, design /build (as set forth in §14661 Gov't Code), any and all miscellaneous contract provisions that might otherwise be required by the Public Contracts Code, and including prevailing wages to the extent the payment of the same does not involve a matter of statewide interest. SECTION 3. Section 2515, reading as follows, is hereby added to the Temple City Municipal Code: 2515. EXEMPTION FROM PUBLIC CONTRACTS CODE As authorized by Section 1100.7 of the Public Contracts Code, the City of Temple City, as a chartered city, does hereby exempt itself from any and all applicable provisions of the California Public Contracts Code, effective January 1, 2002. SECTION 4. The Deputy City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED AND ADOPTED on this 22nd day of January, 2002. ATTEST: Deputy Cit lerk Ma or Ordinance No. 02 -862 Page 2 I, Deputy City Clerk of the City of Temple City, hereby certify that the foregoing ordinance, Ordinance No. 02 -862, was introduced at a regular meeting of the City Council of the City of Temple City held on the 18th day of December, 2001, and was duly passed, approved, and adopted by said Council at the adjourned regular meeting of the City Council held on the 22nd day of January, 2002 by the following vote: AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders, Wilson NOES: Councilman -None ABSENT: Councilman -None Deputy City _ er 1