Laserfiche WebLink
' OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 73-'4~.1 <br />JUNE 1, 1973 <br />SUBJECT: Purchase and Sale of Motor Fuel by the City. <br />REQUESTED BY: City Attorney <br />OPINION BY: Richard E. Lay, Deputy City Attorney <br />QUESTION l: May the City contract for the purchase <br />of gasoline, diesel fuel, and lubricants <br />without using the competitive bidding <br />procedure? <br />ANSWER: Yes, provided the Council authorizes the contract <br />by two-thirds vote. <br />ANALYSIS: <br />The City of Santa Ana has solicited bids for the supply <br />of gasoline, diesel fuel, and lubricants for a one-year period, <br />but received no reply. The City has been informed by one of its <br />suppliers that it cannot expect such bids to be submitted by any <br />supplier in view of the current gasoline shortage. <br />The City's ability to contract for the purchase of fuel <br />without competitive bidding is controlled by Charter section 421. <br />This section provides: <br />"Every contract, involving an expenditure of more <br />than two thousand dollars ($2,000.00) for materials, <br />supplies, or equipment, or for public works construction... <br />~~ shall be made by the city council with the lowest and <br />best bidder...." <br />Contracts for purchases of $2000 or less may be signed <br />by the City Manager without competitive bidding, provided the <br />Council so authorizes the City Manager by majority vote. In <br />the case of fuel purchases, however, such short-term arrange- <br />ments presumably would be an inadequate method of operation. <br />Section 421 also provides: <br />"Such contracts likewise may be let without any <br />advertising for bids, if such work shall be deemed <br />by the city council to be of urgent necessity for <br />the preservation of life, health, or property, and <br />shall be authorized by motion passed by the affir- <br />mative votes of at least two-thirds (2/3) of the <br />80 <br />