City Of Berkeley Charter Information

Section 67. Expenditures in excess of the limitation established by ordinance.

(a) Each specific improvement and each purchase of supplies, equipment or materials the expenditure for which exceeds an amount set by ordinance, as provided for in Section 67(b ) hereof, shall be done by contract authorized by resolution of the Council and said contract shall be let to the lowest responsible bidder after advertising for sealed proposals for five (5) consecutive days as required by this Charter. Such notice shall give a brief description of the work to be done or the supplies, equipment or materials to be purchased. The Council may reject any and all bids. If all bids are so rejected or if no bids are received, the Council may readvertise for new bids, or authorize the City Manager to negotiate in the open market for a contract at a reasonable price, or authorize the City Manager to purchase in the open market, or authorize the City Manager to have the work performed by City employees.

(b) The ordinance establishing the amount for which each specific improvement or purchase shall be approved by the City Council shall not be adopted or amended except upon a 6/9 vote of the City Council.

Section 67.1.
Work performed by City employees.

The provisions of Section 67 of this Charter shall not apply to any work which is being performed by City employees with City materials and with equipment owned or rented by the City.

Section 67.2. The Council may, by resolution, authorize the purchase of any personal property from the United States of America or any State, municipality or other public corporation or agency without calling for bids as required by Section 67, and may, in said resolution, authorize any municipal officer to submit a bid for said personal property, or to make a down payment or payment in full that may be required in connection with such bidding or sale.

Any provisions of this Charter which are inconsistent with the provisions of this Section are suspended to the extent that such provisions are inconsistent herewith.

Section 67.3. Purchases from utilities.

The provisions of Section 67 of this Charter shall not apply to the purchases from any utility publicly owned or regulated by the Public Utilities Commission of the State of California or its successor.

Section 67.4. Emergencies. (a) The provisions of Section 67 of this Charter shall not apply to work done or purchases made for that which is deemed by the City Manager to be an actual emergency and of urgent necessity for the preservation of life, health or property; provided, that any such expenditure in excess of an amount set by ordinance, as provided for in Section 67 .4(b ), must be authorized by resolution of the Council.

(b) The ordinance establishing the maximum expenditure which the City Manager may make in an actual emergency shall not be adopted or amended except upon a 6/9 vote of the City Council.

Section 67.5.
Other expenditures in excess of the limitation established by ordinance.

(a) Except as specifically authorized in Sections 67.1, 67.2 or 67.3, any action providing for the expenditure of public money the amount of which exceeds an amount set by ordinance, as provided for in Section 67 .5(b ), shall be authorized by resolution of the Council or shall be done by contract authorized by resolution of the Council.

(b) The ordinance establishing the amount for which each expenditure authorized in Section 67.5(a) must be approved by the City Council shall not be adopted or amended except upon a 6/9 vote of the City Council.