Article 1 Authorization

City Charter Article

Section 8-101 Annual Contract for Official Advertising.

A contract for official advertising shall be let periodically by the Council to the lowest responsible bidder publishing a daily newspaper in the City of Portland and which has a bona fide circulation therein.

The paper to which the award of such advertising is made shall be known and designated as the "City official newspaper."

If the City official newspaper ceases to be published, or for any cause the contract in effect is canceled or terminated, a new contract for the unexpired term of the current contract shall be let to the lowest responsible bidder publishing a daily newspaper as provided in this Charter, and until such new contract is let the Council shall designate a daily newspaper in which all advertising shall be published, which newspaper shall be known and designated for the time being as the "City official newspaper." [May 3, 1913, new sec. 38; rev. 1914, sec. 144; 1928 pub., sec. 144; 1942 recod., sec. 8-101; am. Nov. 6, 1962; am. May 17, 1988.]

Section 8-102 Place for Advertisements.

All advertising and publications provided for in this Charter must be made in the City official newspaper and may be made in such other publications as the Council may direct. [May 3, 1913, new sec. 40; rev. 1914, sec. 146; 1928 pub., sec. 146; 1942 recod., sec. 8-103; rev. Nov. 6, 1962.]

Section 8-103 Definitions, "Successive" and "Consecutive."

Any requirement of this Charter for any form of notice to be published in the City official newspaper for a stated number of successive or consecutive days shall be construed to mean publication of such notice in the stated number of consecutive issues of said newspaper, and publication of said notice in said stated number of consecutive issues of said newspaper shall be a full compliance with such requirements. [Ch. 1903, sec. 61; rev. 1914, sec. 147; 1928 pub., sec. 147; 1942 recod., sec. 8-104; rev. Nov. 6, 1962.]

Section 8-104 When Written Contracts Required.

The City of Portland shall not be bound by any contract nor in any way liable thereon, unless the same is authorized by an ordinance and made in writing and signed by some person or persons duly authorized by the Council. But an ordinance may authorize any board, body, officer or agent to bind the City without contract in writing for the payment of any sum not exceeding twenty thousand dollars ($20,000); such amount to be adjusted annually based on the average inflation rate for the Portland Metropolitan Area as determined from the U.S. Department of Labor statistics. Notwithstanding the provisions of this Section, however, the Council may waive the written contract requirement when work, materials or supplies are necessary for an emergency involving public safety or health. [Ch. 1903, sec. 6; am. May 3, 1913, sec. 3; rev. 1914, sec. 148; 1928 pub., sec. 148; 1942 recod., sec. 8-105; rev. Nov. 6, 1962; am. Nov. 7, 1978; am. May 17, 1988; am. May 14, 1994.]

Section 8-105 When Formal Bids Required.

The Council shall make no purchase of supplies or material in which a written contract is required under this Charter, without having duly advertised for bids on the same in the City official newspaper. On all other purchases of supplies and material, informal bids may be obtained. The Council shall have no power to let any contract for any public improvement or for any supplies for the City of Portland for which formal bids are required unless such contract be let to the responsible bidder for the class or kinds selected by the Council whose bid is found by the Council to be most advantageous to the City. The Council shall have the right to reject any and all bids or any part thereof. This provision shall not prevent the Council from employing labor direct to construct or carry on public works or to make public improvements. This Section shall not be applicable to purchase of particular supplies or material when the Council determines that no other product of equal value, utility or merit to the City is available for the same purpose or that the particular make or design of product is necessary for use in connection with equipment or property already owned or being acquired by the City, or that it is otherwise impracticable to obtain competition; in the event of such determination, the Council may authorize purchase without prior bidding or advertisement therefor.

Notwithstanding the provisions of this Section, the Council may authorize obtaining informal bids without advertising when materials or supplies or a particular public improvement are urgently necessary for the public welfare and the time for advertising would result in delay improper in the circumstance.

If the Council has rejected all bids on the ground that the same were excessive, identical, collusive, non-responsive or otherwise unacceptable in the public interest, further advertising may be waived by the Council, and purchases or improvements may be authorized within ninety (90) days after such rejection without bids on a negotiated basis. [Ch. 1903, sec. 164; am. May 3, 1913, part of new sec. 96; rev. 1914, sec. 150; 1928 pub., sec. 150; 1942 recod., sec. 8-106; am. May 21, 1954; rev. Nov. 6, 1962.]

Section 8-106 Contract for Animal Pound.

The Council may, in its discretion, make and enter into a contract with any association or corporation which shall have been organized and engaged in the prevention of cruelty to animals, delegating thereto upon such terms as may be fixed by the Council the duty and power of maintaining and operating a pound and enforcing in a humane way ordinances relative to the regulation, restraint and disposition of, dogs and other animals, birds, fowl and reptiles; the Council may invest agents and employees of said organization with all necessary police authority for the enforcement of said ordinances. [June 7, 1915, new sec. 290; 1928 pub., sec. 290; 1942 recod., sec. 8-109; rev. Nov. 6, 1962.]

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