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TITLE 3
FISCAL AFFAIRS
Chapters:
3.04 Purchases
3.08 Purchases Through State
3.12 Discharge of Farmers Home Administration Bonds
3.16 Mayor and/or Aldermen Conducting Business with the Ci
3.20 Single Transaction
CHAPTER 3.04
PURCHASES
Sections:3.04.01 3.04.02 3.04.03 3.04.04 / Purchases of Twenty Thousand Dollars ($20,000.00) and under Purchases of Twenty Thousand Dollars ($20,000.00) and above Approval of payments
Sale or exchange of supplies, materials or equipment valued at less than Twenty Thousand Dollars ($20,000.00)
3.04.01 Purchases of Twenty Thousand Dollars ($20,000.00) and under. From and after the effective date of this ordinance, the Mayor or his duly authorized representative shall have exclusive power and responsibility to make purchases of all supplies, apparatus, equipment, material other things requisite for public purpose so long as the amount does not exceed the sum of Twenty Thousand Dollars ($20,000.00) (Ord. No. 05-15, Sec. 1.)
3.04.02 Purchases of Twenty Thousand Dollars ($20,000.00) and above Where the amount of expenditure for any purchase or contract exceeds the sum of Twenty Thousand Dollars ($20,000.00), the Mayor, or his duly authorized representative, shall invite competitive bids thereon by legal advertisement in any local newspaper authorized to publish legal notices. Bids received pursuant to that notice shall be opened and read on the date set for receiving said bids in the presence of the Mayor or his duly authorized representative. The contract shall be awarded to the lowest responsible bidder; provided, however, the Mayor, or his duly authorized representative, may reject any and all bids received. (Ord. No. 05-15, Sec. 2)
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3.04.03 Approval of Payments. The Mayor, or his duly authorized representative, may approve for payment out of any funds previously appropriate for that purpose or disapprove any bills, debts or liabilities asserted as claims against the city when funds on hand are adequate to pay such bills, debts or liabilities. That the payment or disapproval of any bills, debts or liabilities not covered by a previous appropriation shall require confirmation of the governing body.
3.04.04 Sale or exchange of supplies, materials or equipment valued at less than Twenty Thousand Dollars ($20,000.00) That the Mayor, or his authorized representative, may sell or exchange any municipal supplies, materials or equipment without competitive bidding if such supplies, materials or equipment have a value of less than Twenty Thousand Dollars ($20,000.00). That no supplies, materials or equipment shall be sold without receiving competitive bids therefore if the value thereof exceeds the sum of Twenty Thousand Dollars ($20,000.00); provided, however, if the Mayor shall certify in writing to the governing body that, in his opinion, the fair market value of such items or lot (to be disposed of in one unit) is less than Twenty Thousand Dollars ($20,000.00), the same may be sold by the Mayor without competitive bidding. (Ord. No. 05-15, Sec. 3.)
CHAPTER 3.08
PURCHASES THROUGH STATE
Sections:
3.08.01 3.08.02 3. 08.03 3.08.04 / Authorization to participateAuthorization to agree to terms of contracts
Direct payment to vendor
Provisions of Lincoln Municipal Code, 3.04.01 through 3.04.04 shall not
apply
3.08.01 Authorization to participate. The Mayor of the city of Lincoln or his authorized representative is hereby granted authority to participate in state contracts which the Department of Finance and Administration, Office of State Purchasing has entered into for the purchase of supplies, services, equipment and materials purchased pursuant to the state's purchasing law and Amendment 54 to the Arkansas Constitution. (Ord. No. 1988-8, Sec. 1)
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3.08.02 Authorization to agree to terms of contracts. The Mayor is hereby authorized to agree, in the name of the city of Lincoln, to be bound by all contract terms and conditions as the Department of Finance and Administration, Office of State Purchasing prescribes. Such terms and conditions may include a reasonable fee to cover the administrative costs which the Department of Finance and Administration incurs as a result of participation by the city of Lincoln in the contract. Further, the city of Lincoln agrees to be bound by all such terms and conditions. (Ord. No. 1988-8, Sec. 2)
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3.08.03 Direct payment to vendor The Mayor and Recorder/Treasurer are hereby
authorized to agree, in the name of the city of Lincoln, to directly pay the vendor under such state contract in which it participates for items and materials received by the city pursuant to the contract and the Mayor will pay each such vendor when participation occurs. (Ord. No. 1988-8, Sec. 3)
3.08.04 Provisions of Lincoln Municipal Code 3.04.03 through 3.04.04 shall not apply. For purposes of purchasing under state contracts, the provisions of Lincoln Municipal Code restricting purchases and the sales of material and codified as LMC 3.04.01 through 3.04.04 shall not apply; provided that nothing contained herein shall be deemed to supersede, override or repeal those said provisions and all such provisions shall be in full force and effect except insofar as they pertain to purchases under state contracts. (Ord. No. 1988-8, Sec. 4)
CHAPTER 3.12
DISCHARGE OF FARMERS HOME ADMINISTRATION BONDS
Sections: 3.12.01 3.12.02 3.12.03 3.12.04 3.12.05 3.12.06 3.12.07 / Declaration of intentSurplus revenues appropriated Operating funds transferred Transfer of tax collections Millage levy in effect Premature purchase of bonds Reduction of millage
3.12.01 Declaration of intent From and after the effective date hereof, the City Council hereby declares its intention to purchase outstanding general obligation bonds of the city issued in 1978 and held by the Farmers Home Administration, United States Government in the total principal sum of approximately One Hundred Ninety Thousand Dollars ($190,0.00.00) hereafter called "the Bonds" for a discounted sum of no more than One Hundred Thirty-One Thousand Dollars ($131,000.00) in order to achieve substantial savings in principal and interest over the term of such bonds and in order to remove from the millage levy of the City of Lincoln the five (5) mill tax levy which was approved in 1978 for the purpose of providing financing therefore. (Ord. No. 1989-4, Sec. 1)
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3.12.02 Surplus revenues appropriated The City Council hereby appropriates all sums represented by Certificates of Deposit No. 2556461900 and Savings Account No. 905-2000-8 at the Bank of Lincoln, which sums have arisen as a consequence of the collection of surplus revenues under the five (5) mill tax designed to finance the orderly discharge of The Bonds and the Recorder/Treasurer is directed to apply those sums toward the discounted purchase of The Bonds by direct purchase from the Farmers Home Administration. (Ord. No. 1989-4, Sec. 2)
3.12.03 Operating funds transferred There is hereby transferred from the Lincoln Water Department operating account a sum not to exceed Thirty-Three Thousand Five Hundred Dollars ($33,500.00) and these said sums shall be consolidated with those described in Section 3.12.02 hereof in order to effectuate the discount purchase of the bonds according to the aforesaid times and conditions to pay all necessary and proper ancillary costs in connection therewith. (Ord. No. 1989-4, Sec. 3)
3.12.04 Transfer of tax collections The Recorder/Treasurer is directed to accrue tax collections for the year 1988, arising as a consequence of the levy of the five (5) mill tax designed to provide funding for amortization of The Bonds in a special account and avoid co-mingling those said funds with other funds of the city. Following an accounting, when all such tax collections have been received, the City Council hereby declares its intent to effect an orderly and proper transfer of such surplus funds to the water operating account in order to repay the water operating account for sums transferred hereunder as a consequence of this ordinance, for the purpose of obtaining funds to effectuate the discount purchase of the bonds. (Ord. No. 19894, Sec. 4)
3.12.05 Millage levy in effect The city of Lincoln presently has in effect a five (5) mill tax levy imposed by Ordinance No.1979-224 for the purpose of amortizing the repayment of general obligation bonds issued in 1978 herein called the GO Bonds, which full millage is not now necessary to complete retirement of the bonds. (Ord. No. 1989-7, Sec. 1)
3.12.06 Premature purchase of bonds The city of Lincoln, under the authority of Ordinance No. 1989-4, purchased its own bonds from Farmers Home Administration with surplus revenues in the bond reserve account and the Lincoln Water Department contributed Thirty Thousand Dollars ($30,000.00) to that said purchase and thus became the indirect purchaser of the bonds. Subsequent collections for the years 1989 and 1990 for the tax levied in 1988 and 1989 should be paid directly to the Lincoln Water Department to reimburse it for such purchase., (Ord. No. 1989-7, Sec. 2)
3.12.07 Reduction of millage Inasmuch as the millage required to amortize the balance of the indebtedness owed can be generated with a lower tax levy, the City Council does hereby reduce the 1989 millage levy to two and five tenths (2.5) mills in 1989 and zero (0) in 1990. (Ord. No. 1989-7, Sec. 3)
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CHAPTER 3.16
MAYOR AND/OR ALDERMEN CONDUCTING BUSINESS WITH THE
CITY
Sections:
3.16.01Officials authorized to do business
3.16.02Restrictions on conducting business
3.16.03Definitions
3.16.04Contract awarded
3.16.01 Officials authorized to do business From and after the effective date hereof, an, city official or city employee may conduct business with the city in accordance with A.C.A. 1442-107 as it may be hereafter amended from time to time. (Ord. No. 2007-7, Sec 2)
3.16.02 Restriction on conducting business No city official or city employee may conduct business with the city unless the following conditions are all met:
The city has solicited, either formally or informally, proposals and/or bids for providing the goods or services; and,
The participating city official or city employee has submitted the lowest cost bid or proposal for equivalent goods or services; and,
The city adopts an ordinance expressly authorizing the city to enter into an agreement with the specific city official or city employee for providing the goods or services, and makes a finding that the agreement is in the best interests of the city. (Ord. No. 2007-7, Sec. 3.)
3.16.03 Definitions Unless otherwise stated all terms used herein shall be accorded their dictionary meaning:
City official means any person elected or appointed to a position as described in A.C.A. Title 14, Chapter 43.
City employee means any person receiving compensation as an employee of the city. It does not include any person receiving compensation as an independent contractor. (Ord. No. 2007-7, Sec. 4.)
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3.16.04 Contract awarded The city recognizes that Danny Bush has recently been elected to sit on the City Council, and that there is a public policy that discourages municipal contracts with public officials. Nevertheless, the Council feels that the price charged under the contract is fair, the services provided are exceptional, and, recognizing the inherent problems with such contracts, hereby agrees to continue to contract with Danny Bush for mowing services for 2010. This ordinance is adopted pursuant to A.C.A. 14-42-107(b)(1). (Ord. No. 2010-2, Sec. 3.)
CHAPTER 3.20
SINGLE TRANSACTION
Sections:
3.20.01Definition
3.20.01 Definition "single transaction" is defined according to the nature of the goods purchased as follows:
When two or more devices in which, upon which or by which any person or property is, or may be, transported or drawn, including but no limited to, on-road vehicles, whether required to be licensed or not, off-road vehicles, farm vehicles, airplanes, water vessels, motor vehicles, or non-motorized vehicles, and mobile homes, are sold to a person by a sell, each individual unit, whether part of a "fleet" sale or not, shall be treated as a single transaction for the purpose of the Sales and Use Tax.
The charges for utility services, which are subject to the Sales and Use Tax, and which are furnished on a continuous service basis, whether such services are paid daily, weekly, monthly, or annually, for the purposes of the Sales and Use Tax, shall be computed in daily increments, and each such daily charge increment shall be considered to be a single transaction for the purposes of the Sales and Use Tax.
For sales of building materials and supplies to contractors, builders or other persons, a single transaction, for the purposes of Sales and Use Tax, shall be deemed to be any single sale which is reflected on a single invoice, receipt or statement, on which an aggregate sales (or use) tax figure has been reported and remitted to the state of Arkansas.
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When two or more items of major household appliances, commercial appliances, major equipment and machinery are sold, each individual unit shall be treated as a single transaction for the purposes of the Sales and Use Tax.
For groceries, drug items, dry goods and other tangible personal property and/or services not otherwise expressly covered in this Section, a single transaction shall be deemed to be any single sale which is reflected on s single invoice, receipt or statement, on which an aggregate sales tax figure has been reported and remitted to the state of Arkansas. (Ord. No. 99-15, Sec. 1.)