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WHEREAS, the town of Pleasant Hill, Tennessee incorporated by Chapter 140 of the Private Acts of Tennessee for 1963, as amended, of the General Assembly of the State of Tennessee; and
WHEREAS, the interest of the town of Pleasant Hill, Tennessee will be served if the charter of the city is amended; and now, therefore;
BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE TOWN OF PLEASANT HILL, TENNESSEE THAT:
The Honorable______________ and Honorable Charlotte Burks are hereby requested to introduce the following act to the General Assembly of the State of Tennessee:
AN ACT to amend the charter of the town of Pleasant Hill, Tennessee, being Chapter140 of the Private Acts of Tennessee for 1963, as amended;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
Section 1 ARTICLE II, TOWN COUNCIL SECTION 7 is amended
Section 2 The current text A(a) Any action of the Council having a regulatory or penal effect, relating to taxation, or the appropriation of over $500, awarding franchises or contracts over $500, or authorizing the borrowing of money shall be done only by ordinance @is hereby changed to the following text in section 3 of this resolution.
Section 3. The new text A(a) Any action of the Council having a regulatory or penal effect, relating to taxation, or the awarding of franchises, or authorizing the borrowing of money shall be done only by ordinance @
Section 4. ARTICLE IV, FISCAL ADMINISTRATION, SECTION (5). Contracts over $5,000 is amended.
Section 5. The current text @Be it further enacted, That all purchases for more than $5,000 shall be awarded to the lowest responsible bidder meeting specifications, after publication, advertisement, and competition, as may be prescribed by ordinance; but no contract for any public work or improvement costing over $5,000 shall be awarded except on condition that the contractor give bond with some bonding company authorized to do business in the State of Tennessee as surety, in sum equal to the contract price @is hereby changed to the following text contained in Section 6 of this resolution:
Section 6. The new text @Be it further enacted, That all purchases for more than $5,000 shall be awarded to the lowest responsible bidder meeting specifications, after publication, advertisement, and competition, as may be prescribed by ordinance; but no contract for any public work or improvement costing over $1,000 shall be awarded except on condition that the contractor give bond with some bonding company authorized to do business in the State of Tennessee as surety, in sum equal to the contract price @
Section 7. This act shall become effective when it has been approved by the Board of Mayor and Aldermen of the Town of Pleasant Hill by a vote of not less than two-thirds of the entire membership of the board. The approval or nonapproval of the act by the Board of Mayor and Aldermen of the Town of Pleasant Hill shall be certified by the Mayor of the Town of Pleasant Hill to the Tennessee Secretary of State
ADOPTED THIS_____________DAY OF _________________2005
Signed:_____________________________
Attest:_______________________________
Recommendation #2 After adoption of charter amendment - approve the below ordinance
Ordinance 06-01
AN ORDINANCE CREATING CONTRACTOR REQUIREMENTS IN MUNICIPAL CONTRACTS.
Section 1. Contract required. A written contract between the city and a contractor or service provider is required for any public works, municipal improvement, professional services or other type services which exceed one thousand ($1,000). Said contract shall be reviewed and approved subject to the conditions specified in section 2 of this ordinance by the board of Mayor and Aldermen.
Section 2. Bond and Insurance Requirements. The written contractshall contain requirements that the contractor give bond with some bonding company authorized to do business in the State of Tennessee as surety, in sum equal to the contract price and the contractor has $ 1,000, 000 liability insurance and appropriate workers compensation coverage. The contract must contain language that the contractor will defend, indemnify and hold the town, its agents and employees harmless from any and all liability to the Contractor, its agents and employees or any third party for claims, personal injuries, property damage, loss of life or loss of property resulting from, or in any way connected with, or alleged to have arisen from the performance of an action or an omission pursuant to this agreement.
Section 3. Contractsthat exceed the contracted price. No extra work shall be authorized or paid for in connection with any service contract unless approved by the Mayor and Council.
Section 4. Penalty Clause.Each violation of this ordinance is punishable by a $50 fine.
Section 5. Date of effect. This ordinance shall take effect from and after its final passage, the public welfare requiring it, and the municipal code, including all the codes and ordinances therein adopted
Passed 1st reading:__________________________, 2006
Passed 2nd reading;_________________________, 2006