Ord 1989-225
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ORDINANCE NO. .2.Z
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING
A MINIMUM DOLLAR AMOUNT FOR WHICH COMPETITIVE BIDDING WILL
NOT BE DEEMED NECESSARY; PROVIDING FOR THE FINDING OF A SOLE
SOURCE PURCHASE; LIMITING APPLICATION ON SEWER CONSTRUCTION;
AND SETTING FORTH REASONS THEREFOR:
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY, CALIFORNIA hereby finds and declares as follows:
That the DISTRICT statutory limitations on purchases without resort
to competitive bidding are set forth in Section 20803, Public Contracts
Code; that said limitation is established at $10,000.00 and is applicable
only to sanitary sewer projects; that the Board finds and declares that the
attaining of the best possible price for DISTRICT expenditures requires a
test of the market by competitive bidding; that the Board's fiscal responsi-
bility in the handling of expenditure of DISTRICT funds requires the resort
to competitive bidding for major expenditures; that except in the case of
sole source purchases, competitive bidding gives a fair and equal opportu-
nity to all purveyors of services and supplies to the DISTRICT; that in
addition to statutory provisions for sewer projects, it is essential that
the Board set limits on expenditures for other than sewer projects.
Accordingly, the following Ordinance is adopted:
Section 1. APPLICATION. The provisions of this Ordinance are in
addition to those provisions set forth in Sections 20800 through
and including 20806, Public Contracts Code, relating to sewer
projects as defined therein.
Section 2. SOLE SOURCE. The Board of Directors may by majority
vote exceed the limitations on expenditures as set forth in
Section 3 of this Ordinance upon a finding that the expenditure
is from a sole source and that solicitation for bids will not
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ORDINANCE NO. .2.Z
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING
A MINIMUM DOLLAR AMOUNT FOR WHICH COMPETITIVE BIDDING WILL
NOT BE DEEMED NECESSARY; PROVIDING FOR THE FINDING OF A SOLE
SOURCE PURCHASE; LIMITING APPLICATION ON SEWER CONSTRUCTION;
AND SETTING FORTH REASONS THEREFOR:
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY, CALIFORNIA hereby finds and declares as follows:
That the DISTRICT statutory limitations on purchases without resort
to competitive bidding are set forth in Section 20803, Public Contracts
Code; that said limitation is established at $10,000.00 and is applicable
only to sanitary sewer projects; that the Board finds and declares that the
attaining of the best possible price for DISTRICT expenditures requires a
test of the market by competitive bidding; that the Board's fiscal responsi-
bility in the handling of expenditure of DISTRICT funds requires the resort
to competitive bidding for major expenditures; that except in the case of
sole source purchases, competitive bidding gives a fair and equal opportu-
nity to all purveyors of services and supplies to the DISTRICT; that in
addition to statutory provisions for sewer projects, it is essential that
the Board set limits on expenditures for other than sewer projects.
Accordingly, the following Ordinance is adopted:
Section 1. APPLICATION. The provisions of this Ordinance are in
addition to those provisions set forth in Sections 20800 through
and including 20806, Public Contracts Code, relating to sewer
projects as defined therein.
Section 2. SOLE SOURCE. The Board of Directors may by majority
vote exceed the limitations on expenditures as set forth in
Section 3 of this Ordinance upon a finding that the expenditure
is from a sole source and that solicitation for bids will not
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result in competitive bidders.
Section 3. SPENDING LIMITATION. Except in the case of sewer
projects governed by the Public Contracts Code, or in the case of
a sole source as defined in Section 2 of this Ordinance, or in
the case of an emergency such as extraordinary fire, flood,
storm, epidemic, earthquake or other disaster commonly deemed an
Act of God, any expenditure of DISTRICT funds exceeding $5,000.00
shall be let to the lowest responsible bidder after solicitation
for bids as hereinafter provided.
Section 4. NOTICE INVITING BIDS. The notice inviting bids shall
set a date for the opening of bids. The first publication or
posting of the notice shall be at least 10 days before the date
of opening the bids. Notice shall be published at least twice,
not less than five days apart, in a newspaper of general circu-
lation, circulated within the DISTRICT, or if there -is none, it
shall be posted in at least three public places in the DISTRICT
that have been designated by resolution as the places for posting
public notices. The notice shall distinctly state the project to
be done.
Section 5. REJECTION OR ACCEPTANCE OF BIDS. In its discretion,
the DISTRICT Board may reject any bids presented and readvertise.
If two or more bids are the same and the lowest, the DISTRICT
Board may accept the one it chooses. If no bids are received the
DISTRICT Board may have the project done as a sole source.
Section 6. PUBLICATION AND CERTIFICATION. The Secretary of the
DISTRICT shall certify to the passage of this Ordinance and shall
cause the same to be published once in the Orange Coast Daily
Pilot, a newspaper of general circulation, printed and published
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and circulated in the COSTA MESA SANITARY DISTRICT, Orange County,
California, and seven days from and after its publication it
shall be in full force and effect.
PASSED AND ADOPTED by the Board of Directors of the COSTA MESA
SANITARY DISTRICT, at a regular meeting held on the ;/ 4/tb day of Pe *7/ex-
-- , 1989.
ATTEST:
SECRETARY
By.
Secretary of t Board of Directors
of the COSTA MESA SANITARY DISTRICT
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I, Florine T. Reichle, Clerk of the Costa
Mesa Sanitary District Board of Directors of
Orange County, California, DO HEREBY CERTIFY that
the foregoing Ordinance, being Ordinance 2a was
duly passed, approved and adopted by said Board,
approved and signed by the President and attested
by the Secretary of said Board, all at a regular
meeting of said Board held on /� — i 4 - P y ,
and that the same was passed and adopted by the
following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman
NOES: None
ABSENT: None
DATED this /,5 day of ,Q���inc� ,19F� .
4a �
Clerk of the District
Costa Mesa Sanitary District