Legislation # 07-0174 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 3/28/2007
Title AN ORDINANCE TO AMEND CHAPTER 2, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “ADMINISTRATION.”
 
Legislation History 07-0174
DateNotice Of ActionDescription
3/30/2007 Moved to approve consent agenda items 2 through 6 on first and final reading.
3/30/2007 Moved to waive second reading on consent agenda items 2 through 6.
3/16/2007 Received By Clerk's Office
 
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Chapter 2 REdline changes 12.doc Other 167K Chapter 2 Redline Version
 
Legislation Text 07-0174

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0174

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 2, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED ADMINISTRATION.

 

 

Chapter 2

 

ADMINISTRATION*

__________

* Cross References: Animal control officer, 5-4; board of plumbing and the electrical examiners, 9-81 et seq.; elections, Ch. 12; libraries, Ch. 17; transportation safety commission, 21-11; department of parks and recreation, 26-3 et seq.; pensions and retirement, Ch. 28; police, Ch. 29; assessment department and office of assessor, 37-16; assessment board of review, 37-18 et seq.

__________

 

 

Article II. City Council

 

Division 4. Ordinances

Sec. 2-81. Reading.

Sec. 2-82. Numbering.

Sec. 2-83. Effective date generally.

Sec. 2-84. Effective date of zoning ordinances.

Sec. 2-85. Signing, photocopying, recordation and indexing.

Sec. 2-86. Codification.

Sec. 2-87. Amendment, suspension or repeal generally.

Sec. 2-88. Repeal not to affect liabilities.

Sec. 2-89. Repeal not to revive former ordinance.

Secs. 2-90--2-105. Reserved.

 

Article VI. Advisory Board of Social Services

Sec. 2-181. Definition.

Sec. 2-182. Created; purpose.

Sec. 2-183. Composition; appointment and terms of members.

Sec. 2-184. Election of chairman; meetings.

Sec. 2-185. Powers and duties.

Secs. 2-186--2-200. Reserved.

 

Article XIV. Procurement Office

 

Division 2. Ethics in Public Procurement

Sec. 2-350. Definitions.

Sec. 2-351. Relationship to state law.

Sec. 2-352. Violations.

Sec. 2-353. Proscribed participation by public employees in procurement transactions.

Sec. 2-354. Solicitation or acceptance of gifts.

Sec. 2-355. Disclosure of subsequent employment.

Sec. 2-356. Gifts by bidders, offerors, contractors or subcontractors.

Sec. 2-357. Kickbacks.

Sec. 2-358. Purchase of building materials, etc., from architect or engineer prohibited.

Secs. 2-359--2-370. Reserved.

 

 

 

ARTICLE I.

 

IN GENERAL

 

 

Sec. 2-8. City flag generally.

 

The flag of the city shall be made of bunting, merino, silk or other suitable material. It shall be the Red Cross of St. George, horizontally displayed on a white field. In the upper left quadrant of the flag shall be displayed the armorial bearings of the city, so that they shall be shown on both sides alike. In the lower right quadrant shall be shown "Hampton, Virginia, July 9, 1610," so that it shall be shown alike on both sides. This flag shall be known and respected as the flag of the city.

(Ord. No. 69; Code 1964, 1-11)

 

ARTICLE II.

 

CITY COUNCIL*

 

DIVISION 2.

 

MEETINGS*

 

 

Sec. 2-38. To be open to public.

 

Except as otherwise provided by law, all the meetings of the council, both regular and special, shall be open to the public, and no ordinance, resolution, motion or vote shall be adopted by the council except at a meeting open to the public.

(Code 1956, 2-20; Ord. No. 328; Code 1964, 2-14)

Charter References: Provisions concerning open meetings, 3.05.

State Law References: Virginia Freedom of Information Act, Code of Virginia, 2.2-3700 et seq.

 

Sec. 2-39. Presiding officer generally.

 

The mayor shall preside over the meetings of the council, with the same powers and duties as the other members, with a vote, but no veto power. He shall call the meeting to order at the hour for holding such meeting and he shall have general direction of the chamber in which the council meets. In case of disturbance or disorderly conduct, the mayor shall have the chamber cleared.

(Code 1956, 2-10; Code 1964, 2-4)

Charter References: Mayor to provide at council meetings, 3.06.

Cross References: Disorderly conduct at council meetings, 24-12.

 

DIVISION 4.

 

ORDINANCES

 

Sec. 2-84. Effective date of zoning ordinances.

 

After advertisement in accordance with general law, zoning ordinances or amendments thereto passed by the council shall be in effect from and after the second reading and passage of the ordinance. No zoning ordinance or amendment thereto shall be finally passed on the same day of its introduction.

(Ord. No. 328; Code 1964, 2-39.1)

Cross References: Zoning ordinance, App. A.

State Law References: Zoning ordinances, Code of Virginia, 15.2-2280 et seq.

 

Sec. 2-85. Signing, photocopying, recordation and indexing.

 

All ordinances adopted by the city council shall be signed by the mayor and the clerk of the council and shall be photocopied and recorded, as the official record, in an ordinance book, which shall be properly indexed. The title only of the ordinance shall be spread in the minute book.

(Code 1956, 1-11; Code 1964, 2-33)

Charter References: Ordinances to be recorded in circuit court clerk's office, 3.07.

 

Sec. 2-86. Codification.

 

The clerk of the council shall cause to be codified into this Code all ordinances of a general nature and amendments thereto.

(Code 1956, 2-38; Ord. No. 328; Code 1964, 2-30)

Cross References: Supplementation of Code, 1-9.

State Law References: Authority of city to codify ordinances, Code of Virginia, 15.2-1433.

 

Sec. 2-88. Repeal not to affect liabilities.

 

No new ordinance shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatsoever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance in force at the time of such proceedings.

(Code 1956, 1-16; Code 1964, 2-38)

State Law References: Similar provisions applicable to state laws, Code of Virginia, 1-239.

 

Sec. 2-89. Repeal not to revive former ordinance.

 

When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

(Code 1956, 1-17; Code 1964, 2-39)

State Law References: Similar provisions applicable to state laws, Code of Virginia, 1-240.

 

Article III. Officers and Employees

 

Generally

 

Sec. 2-106. Classification of positions.

 

All positions covered under the classified service of the city shall be designated their respective grade levels by use of a systematic job comparison system which shall take into consideration such factors as skill, effort, responsibility and job conditions. The system determined by the city manager shall be used in the classification of all positions in the city government except for the following: Elected officials, the city manager, department heads and those employees who have like status and any position held by members of boards or commissions. Positions in departments that are operated and supervised jointly by the city and the state shall be classified and compensated in accordance with procedures established by the state. The city manager or his designee shall be responsible for developing an appropriate system for accurately defining and assigning position classifications.

(Code 1956, 2-40; Ord. No. 406; Code 1964, 2-40)

Charter References: Duty of council to establish classification and pay plan, 3.08e.

State Law References: City classification and pay plans, Code of Virginia, 15.2-1506.

 

Sec. 2-107. Examinations to determine qualifications for certain positions.

 

A system of examinations shall be used to help to determine qualifications for the following positions with the city: Police officer, firefighter, clerk-typist, secretary and account clerk. All examinations used for selection of personnel shall be satisfactorily validated.

(Code 1956, 2-42; Ord. No. 406; Ord. No. 501; Code 1964, 2-42)

 

Sec. 2-110. Payroll deductions.

 

No deduction shall be made from any city employee's payroll check, except as follows:

 

(1) Federal income tax.

 

(2) Federal insurance contribution (social security).

 

(3) State income tax.

 

(4) Virginia retirement system.

 

(5) Deferred compensation plan contributions.

 

(6) Deductions required by court order, decree or legal process.

 

(7) City group life insurance.

 

(8) City group hospitalization, dental and accident insurance.

 

(9) United States savings bonds.

 

(10) City employees' credit union.

 

(11) Peninsula United Fund.

 

(12) Alimony and support payments.

 

(13) Federal Bankruptcy Act plans.

 

(14) Damage to city property or loss of city property.

(Ord. No. 461; Ord. No. 575, 6-14-78; Ord. No. 630, 9-27-79; Code 1964, 2-42.1; Ord. No. 740, 1-12-83)

 

ARTICLE IV.

 

FINANCE GENERALLY*

__________

* Charter References: General financial powers of the city, 2.02; financial administration, Ch. 6.

Cross References: Financing and administration of Hampton Employees' Retirement System, 28-41 et seq.; taxation, Ch. 37.

__________

 

Sec. 2-131. General duties of director of finance.

 

The director of finance shall be responsible for:

 

(1) Maintaining a general accounting system, in conformity with accepted principles of governmental accounting, for the city government and each of its offices, departments and agencies and keeping separate accounts for the items of appropriation contained in the appropriation ordinance, each of which accounts shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance. Additional accounts for classification of expenditures shall be maintained to provide adequate information for budgetary purposes.

 

(2) Maintaining a generally accepted internal audit program of the city's accounting system and procedures for evaluating internal controls and the establishment of more effective and efficient systems and procedures.

 

(3) Approving all proposed expenditures. No payment shall be made or obligation incurred against any appropriation except in accordance with appropriations duly made and unless the director first certifies that there is a sufficient unencumbered balance in such appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable.

 

(4) Auditing all claims against the city for goods or services and ascertaining that such claims are in accordance with the purchase orders or contracts of employment from which the same arise.

 

(5) Submitting to the city manager and council, quarterly or upon request, financial statements in sufficient detail to show the financial condition of all departments of the city.

 

(6) Preparing an annual financial report as of the end of each fiscal year for the city manager and the council.

 

(7) Performing such other duties as may be assigned to him by the council or the city manager.

(Ord. No. 624, 7-25-79; Code 1964, 17.1-1)

Charter References: Appointment and general duties of director of finance, 6.02, 6.03.

 

Sec. 2-135. Fee for passing bad checks to city.

 

There is hereby imposed a fee, in the sum of twenty dollars ($20.00), for the uttering, publishing or passing of any check or draft for payment of taxes or any other sums due the city or the treasurer thereof, which is subsequently returned for insufficient funds or because there is no account or the account has been closed. Such fee shall be added to the tax or other sum due and shall be in addition to all taxes, penalties, interest and other sums otherwise due.

(Ord. No. 382; Code 1964, 1-14; Ord. No. 805, 8-14-85)

State Law References: Authority for above section, Code of Virginia, 15.2-106.

 

Sec. 2-136. Establish procedures for the reconciliation of the city treasurer's cash balances to the accounting records of the director of finance.

 

The director of finance shall establish detailed procedures for the formal reconciliation of the city's cash balances per the city treasurer's accounting records to the cash balances per the accounting records of the city's director of finance and the chief financial officer of the Hampton School Board. The director of finance shall reduce such procedures to writing and deliver a copy of the procedures to the city treasurer, the chief financial officer for the Hampton School Board and the clerk of council. The city treasurer, in cooperation with the city's director of finance and chief financial officer of the Hampton School Board, shall perform the established procedures monthly. The resulting reconciliation must be in writing and attested to by the city treasurer, the city's director of finance and the chief financial officer for the Hampton School Board.

 

To enable this reconciliation process, the treasurer's accounting records for city and school board cash must be maintained in a generally acceptable accounting system, in conformity with accepted principles of governmental accounting. The city treasurer's accounting records shall maintain cash balances by fund consistent with the funds maintained by the director of finance and chief financial officer for the Hampton School Board.

(Ord. No. 1318, 12-12-01)

 

Sec. 2-137. Authority to transfer funds.

 

(a) At any time during the fiscal year the city manager may transfer part or all of any unencumbered appropriation balance within a department, office, agency, project, program or purpose, and report such transfers to city council quarterly.

 

(b) At any time during the fiscal year the city manager or budget director may make or cause to be made transfers of any unencumbered appropriation balance, from one (1) department, office, agency, project, program, or purpose to another department, office, agency, project, program or purpose within the same accounting fund. No appropriation of bond proceeds or debt service may be reduced or transferred without city council approval. No appropriation may be reduced or transferred if such transfers or reductions are specifically prohibited by ordinance. No appropriation may be reduced below any amount required by law to be appropriated or by more than the unencumbered balance. All such transfers by the city manager shall be reported to city council at least quarterly.

(Ord. No. 1338, 1, 9-11-02)

 

 

ARTICLE VI.

 

ADVISORY BOARD OF SOCIAL SERVICES*

__________

* Charter References: Department of social services, 11.01.

State Law References: Local advisory boards for social services, Code of Virginia, 63.2-305.

__________

 

Sec. 2-181. Definition.

 

As used in this article, the term "board" shall mean the local advisory board of social services created by this article.

 

Sec. 2-182. Created; purpose.

 

There is hereby created a local advisory board of social services, which shall serve in a purely advisory capacity to the director of social services.

(Ord. No. 533; Code 1964, 32B-1)

Charter References: Authority to create above board, 11.01.

State Law References: Duty to create above board, Code of Virginia, 63.2-305.

 

Sec. 2-183. Composition; appointment and terms of members.

 

The board shall consist of seven (7) citizens of the city appointed by the council. Beginning July 1, 1977, members shall be appointed initially for terms of from one to four (4) years, so as to provide for the balanced overlapping of the terms of four (4) each, except that appointments to fill vacancies shall be for the unexpired terms. No person shall serve more than two (2) consecutive full terms. The officer in charge of the department of social services shall be an ex officio member of the board, without vote.

(Ord. No. 533; Code 1964, 32B-1; Ord. No. 767, 2-8-84)

Charter References: Limitation on terms of appointment to boards, 3.12.

Cross References: Residence requirements for members of boards and commissions, 2-2.

State Law References: Similar provisions, Code of Virginia, 63.2-305.

 

Sec. 2-184. Election of chairman; meetings.

 

The board shall elect its own chairman and shall meet at least bimonthly. In addition to scheduled meetings, it may meet at the call of the chairman or on the petition of at least one-half of the members.

(Ord. No. 533; Code 1964, 32B-1)

State Law References: Similar provisions, Code of Virginia, 63.2-305.

 

Sec. 2-185. Powers and duties.

 

The powers and duties of the board shall be as follows:

 

(1) To interest itself in all matters pertaining to the social welfare of the people of the city.

 

(2) To monitor the formulation and implementation of social welfare programs in the city.

 

(3) To meet with the officer in charge of the department of social services at least four (4) times a year for the purpose of making recommendations on policy matters concerning the department.

 

(4) To make an annual report to the council, concurrent with the budget presentation of the department of social services, concerning the administration of the public welfare program.

 

(5) To submit to the council, from time to time, such other reports as the board deems appropriate.

(Ord. No. 533; Code 1964, 32B-1)

State Law References: Similar provisions, Code of Virginia, 63.2-305.

 

Secs. 2-186--2-200. Reserved.

 

ARTICLE VII.

 

PLANNING COMMISSION*

__________

* Cross References: Subdivisions, Ch. 35; zoning ordinance, App. A.

State Law References: Local planning commissions, Code of Virginia, 15.2-2210 et seq.

__________

 

Sec. 2-201. Created.

 

A planning commission is hereby created for the city.

(Code 1956, 2-43; Code 1964, 29-1)

State Law References: Duty of city to create planning commission, Code of Virginia, 15.2-2210.

 

Sec. 2-202. Composition; qualifications of members.

 

The planning commission shall consist of seven (7) members. One member shall be a member of the council, one shall be a member of the administrative branch of the government of the city and the remaining five (5), referred to as appointed members, shall be residents of the city qualified by knowledge and experience to make decisions on questions of community growth and development. At least one-half of the members shall be owners of real property.

(Code 1956, 2-44; Code 1964, 29-2)

State Law References: Similar provisions, Code of Virginia, 15.2-2212.

 

Sec. 2-203. Appointment and terms of members.

 

All members of the planning commission shall be appointed by the council. The terms of the councilmanic member and of the member who is a member of the administrative branch of the city government who are appointed to the planning commission shall, in all cases, correspond with their tenure of office, unless the council, at its first regular meeting each year, appoints others to serve as its representatives. Of the other members first appointed, two (2) shall be appointed for terms of four (4) years, two (2) shall be appointed for terms of five (5) years and one shall be appointed for a term of six (6) years. Their successors shall be appointed for terms of four (4) years.

(Code 1956, 2-45; Code 1964, 29-3)

Charter References: Limitation on number of terms to be served by members of boards and commissions, 3.12.

State Law References: Similar provisions, Code of Virginia, 15.2-2212.

 

Sec. 2-204. Filling of vacancies.

 

Any vacancy in the membership of the planning commission shall be filled by appointment by the city council and such appointment, in the case of an appointed member, shall be for the unexpired term.

(Code 1956, 2-46; Code 1964, 29-4)

State Law References: Similar provisions, Code of Virginia, 15.2-2212.

 

Sec. 2-205. Compensation of members.

 

The councilmanic member of the planning commission and the member of the planning commission who is a member of the administrative branch of the city government shall serve as members of the planning commission without compensation as such. The appointed members of the commission shall receive such compensation as is prescribed by the council.

(Code 1956, 2-48; Code 1964, 29-6; Ord. No. 744, 2-9-83)

State Law References: Authority of council to provide for compensation of planning commission members, Code of Virginia, 15.2-2212.

 

Sec. 2-206. Removal of members.

 

Any appointed member of the planning commission may be removed for inefficiency, neglect of duty or malfeasance in office. Such removal may be made only after a public hearing at which the member is given an opportunity to appear and be heard on the charges against him.

(Code 1956, 2-47; Code 1964, 29-5)

State Law References: Authority to remove planning commission members, Code of Virginia, 15.2-2212.

 

Sec. 2-207. Powers and duties generally.

 

The planning commission shall have the functions, powers and duties which are prescribed by law.

(Code 1956, 2-49; Code 1964, 29-7)

 

Sec. 2-208. Program of work.

 

The planning commission shall prepare a program of work and shall adopt the same after consultation with the council. Such program of work shall outline the activities in which the commission expects to engage in:

 

(1) Assembling such data regarding the city and adjacent territory as the commission may deem to be necessary in exercising its functions, powers and duties;

 

(2) Analyzing such data and making such studies as may be necessary in the preparation of a master plan for the city;

 

(3) Preparing the master plan as a general guide for the development of the city and as a basis for the preparation of zoning and other regulations; and

 

(4) Recommending to the council appropriate procedures for effectuating the plan.

(Code 1956, 2-50; Code 1964, 29-8)

State Law References: Comprehensive plan, Code of Virginia, 15.2-2223 et seq.

 

Secs. 2-209--2-225. Reserved.

 

ARTICLE VIII.

 

PENINSULA PLANNING DISTRICT COMMISSION

 

Sec. 2-226. Definition.

 

As used in this article, the term "commission" means the Peninsula Planning District Commission referred to in section 2-227, unless clearly indicated to the contrary.

 

Sec. 2-227. Established.

 

The council does hereby authorize the establishment of membership in, and support of, the Peninsula Planning District Commission.

(Ord. No. 204; Ord. No. 444; Code 1964, 29-10)

State Law References: Authority to organize a planning district commission, Code of Virginia, 15.2-4203. See also, Code of Virginia, 15.2-2210.

 

 

Sec. 2-230. General powers and duties.

 

The commission shall perform the duties and have all the powers authorized and expressed in Code of Virginia, 15.2-4200 et seq.

(Ord. No. 204; Ord. No. 444; Code 1964, 29-14)

 

Sec. 2-231. Appropriation of funds; budget.

 

Funds for the operation and administration of the commission shall be appropriated by the participating political subdivisions on a pro rata basis of population, as determined by the latest decennial census reported by the United States Census Bureau. The commission shall submit to the chief administrative officer of each participating political subdivision, on or before March fifteenth of each year, a proposed budget for the commission for the forthcoming year. Such proposed budget shall clearly set forth the pro rata cost to each participating political subdivision in funding the commission. The commission shall have no authority or power to obligate, in any manner, any participating political subdivision beyond those funds duly appropriated by it for the use of the commission.

(Ord. No. 204; Ord. No. 444; Code 1964, 29-12)

State Law References: Authority of council to appropriate funds for planning district commission, Code of Virginia, 15.2-4218.

 

Sec. 2-232. Authority to accept grants, funds or other assistance.

 

The commission is hereby authorized to receive grants from the federal or state government or any other source and may contract therewith regarding the acceptance or use of such grants. The commission may also accept and use funds, personnel or other assistance made available by the federal or state government or any other source and may enter into agreements or contracts regarding the acceptance or use of such funds or assistance.

(Ord. No. 204; Ord. No. 444; Code 1964, 29-13)

State Law References: State aid to planning district commissions, Code of Virginia, 15.2-4216.

 

 

 

ARTICLE X.

 

PENINSULA TRANSPORTATION DISTRICT

 

Sec. 2-271. Created.

 

Pursuant to the Transportation District Act of 1964, Code of Virginia 15.2-4500 et seq., there is hereby created the Peninsula Transportation District which is also created hereby as a body corporate and politic under the name and style of, and to be known by, "Peninsula Transportation District Commission."

(Ord. No. 411; Code 1964, 29.1-1)

 

Sec. 2-275. Powers, duties, etc.

 

The transportation district created by this article shall have all of the rights, powers, duties, liabilities and the like as provided in the Transportation District Act of 1964, Code of Virginia, 15.2-4500 et seq.

(Ord. No. 411; Code 1964, 29.1-5)

 

 

ARTICLE XI.

 

INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF HAMPTON, VIRGINIA

 

Sec. 2-280. Creation.

 

Pursuant to Code of Virginia, 15.2-4900 et seq., as amended, there is hereby created a political subdivision of the Commonwealth of Virginia, named the "Industrial Development Authority of the City of Hampton, Virginia" ("development authority").

(Ord. No. 793, 2-27-85)

 

 

Sec. 2-283. Approval of policies and procedures.

 

The city manager is authorized to prepare and bring before the council of the city for the council's consideration such resolutions, ordinances, rules, regulations, policy statements, and recommendations of individuals to serve as directors of the development authority as may be necessary to enable the development authority to be established and to exercise its powers as provided pursuant to Code of Virginia, 15.2-4900 et seq., as amended, subject to such limitations as may be set forth in this article, any subsequent ordinances or resolutions, and any documents prepared by the city manager or the city manager's designee.

(Ord. No. 793, 2-27-85)

 

ARTICLE XIV.

 

PROCUREMENT OFFICE*

__________

* Editors Note: Ordinance No. 1015, adopted June 26, 1991, amended the Code by the addition of a new Art. XIII, 2-300--2-320 and 2-330--2-338 and at the discretion of the editor said provisions have been redesignated as Art. XIV, 2-320--2-340 and 2-350--2-358 in order to avoid duplicative article and section numbering.

__________

 

DIVISION 1.

 

GENERALLY

 

Sec. 2-322. Definitions.

 

For purposes of this article, the following words and terms shall have the meanings respectively ascribed to them in this section:

 

Governing body means that group of elected or appointed individuals who serve as the ultimate policy-making body for a public entity.

 

Public entity means any political subdivision, agency, authority, office, commission, or committee utilizing the services of the consolidated procurement office, either by direction of law or through a cooperative agreement pursuant to Code of Virginia, 2.2-4304.

 

Public procurement means a financial commitment between a public entity and a nonpublic source for the rental, lease, or purchase of goods, materials, equipment, or services for which public monies are to be utilized for payment of obligations.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-324. Applicability of, and compliance with, article.

 

(a) The provisions of this article shall be applicable to all procurements made by public entities, as defined.

 

(b) To the extent that any public entity is allowed by state law to choose to follow the provisions of Code of Virginia, 2.2-4300 et seq., it shall be exempt from the provisions of this section. To the extent that any committee appointed by city council is given authority to do so, it may adopt alternate procurement procedures for purchases under ten thousand dollars ($10,000.00).

 

(c) The city industrial development authority is exempt from the provisions of this article to the extent such exemption is defined in Code of Virginia, 2.2-4344(B) and 15.2-4902. All other procurements not specifically exempt by these code sections shall be in compliance with the provisions of this article.

 

(d) The direct procurement of publication space for the purpose of advertising public business shall be exempt from the requirements of competitive bidding and/or prior approvals. In those cases where there are not specific legal requirements as to when and where ads are to be placed, the chief executive officer of the public entity or his designee shall issue prior approvals for publication.

 

(e) When the chief of police certifies in writing that the procurement of certain items is needed to support undercover police operations and with the written approval of the city manager, such procurements may be made in a manner to protect the undercover operation, notwithstanding any other provisions contained in this article.

 

(f) All procurement relating directly to and necessary in support of events, exhibitions, and performances presented under the guidance of the city's arts commission may be made directly by the arts commission, notwithstanding any other provisions contained in this article. All such procurements shall be reported as part of the detailed event settlement statement as required by the city's finance department.

 

(g) Where a procurement transaction involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws or regulations not in conformance with provisions of this article, the procedure used may comply with such federal requirements, notwithstanding the provisions of this article, only upon the written determination of the governing body of the appropriate public entity that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this article in conflict with the conditions of the grant or contract.

 

(h) The procurement of certain utilities (water, Newport News Waterworks; sewage, Hampton Roads Sanitation District; electricity, Virginia Power; gas, Virginia Natural Gas; local phone service, C&P Telephone) shall be exempt from the provisions of this article. This exemption does not include telephone hardware or long distance service. These two (2) items are subject to provisions of this article.

 

(i) Upon a determination that circumstances make only one source practically available for that which is to be procured, a purchase order or contract may be negotiated and awarded to that source upon the specific approval of the governing body of the appropriate public entity.

 

(j) Notwithstanding any other provisions contained in this article, the chief procurement officer may enter into joint purchase agreements through agencies of the United States or agencies of the commonwealth or with other political subdivisions of the commonwealth.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-330. Same--State aided.

 

No contract for the construction of any building or for an addition to or improvement of an existing building for which state funds of one hundred thousand dollars ($100,000.00) or more, either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive bidding. The procedure for the advertising for bids and letting of the contract shall conform, mutatis mutandis, to Code of Virginia, 2.2-4300 et seq., the Virginia Public Procurement Act.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-331. Same--Withdrawal of bid due to error.

 

(a) A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein; provided, the bid was submitted in good faith and the mistake was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

 

(b) The bidder shall give notice in writing of his claim of right to withdrawn his bid under this section within two (2) business days after the conclusion of the bid opening procedure.

 

(c) No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5) percent.

 

(d) If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid.

 

(e) No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

 

(f) If the withdrawal of a bid under the provisions of this section is denied, the bidder shall be notified in writing, stating the reasons for the decision.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-332. Same--Employment discrimination prohibited.

 

(a) All construction contracts for ten thousand dollars ($10,000.00) or in excess thereof shall include the provisions in subsections (1) and (2) herein:

 

(1) During the performance of this contract, the contractor agrees as follows:

 

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

 

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

 

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deed sufficient for the purpose of meeting the requirements of this section.

 

(2) The contractor will include the provisions of the foregoing subsections a, b and c in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor.

 

(b) Successful bidders for contracts exceeding one hundred thousand dollars ($100,000.00) shall be required to maintain a list of subcontractors, if any.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-335. Same--Payment retainage.

 

In any public contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least ninety-five (95) percent of the earned sum when payment is due, with not more than five (5) percent being retained to assure faithful performance of the contract. All amounts withheld may be included in the final payment. Any subcontract for a public project which provides for similar progress payments shall be subject to the same limitations.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-337. Reservation of rights; award of purchase orders and contracts; extension of term of service contract.

 

(a) The public entity shall reserve the right to reject any and all bids or proposals, to award purchase orders or contracts in whole or in part, and to waive any informalities therein. All advertisements, invitations for bid, or requests for proposals shall contain a reservation of such right.

 

(b) All purchase orders and contracts shall be awarded on the basis of the bid or proposal that is judged to be most advantageous to the public entity. In the case where the award is not based on the lowest bid or proposal, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the chief procurement officer or his designated representatives and filed with the papers relating to the transaction.

 

(c) The following factors shall be considered when determining the bid or proposal most advantageous to the public entity: Price, delivery terms, payment terms, method of shipment, method of packaging, vendor location and/or point of shipping origin, capability and expertise of the vendor, past performance of the vendor, current financial and legal status of the vendor, and any other factor or factors which influence or determine the substantial value or advantage to the public entity of the bid or proposal.

 

(d) In the event that the person to whom a purchase order or contract is awarded is unable to fulfill its obligations pursuant to the award, the chief procurement officer may, at his discretion, either select from the other bids or proposals that have been submitted that bid or proposal that is judged to be most advantageous to the public entity, or rebid the purchase order or contract.

 

(e) If the bid or proposal judged most advantageous to the public entity exceeds available funds, the public entity shall reserve the right to negotiate a price within available funds, if such is practicably possible. If the right to negotiate is exercised, such negotiations shall be conducted under the supervision of the chief procurement officer or his designated representative, with full and complete written documentation of the negotiation made a part of the papers relating to the transaction.

 

(f) Unless otherwise provided in the invitation to bid or request for proposal, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named. It conveys the general style, type, character and quality of the article desired; and during evaluation of bids or proposals, it shall be the sole discretion of the public entity to determine what offerings are the equal of that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended.

 

(g) Except in cases of emergency affecting the public health, safety or welfare, no purchase order or contract shall be awarded on the basis of cost plus percentage of cost. A policy or contract of insurance or prepaid coverage having a premium computed on the basis of claims and retention, stated in whole or in part as a percentage of such claims, shall not be prohibited, however.

 

(h) The term of an existing contract for services may be extended only to allow completion of any work undertaken but not completed during the original term of the contract.

 

(i) A modification to an existing contract for services for the purpose of adding additional scope of services shall be considered a single-source procurement and the provisions of section 2-324(i) shall apply.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-340. Public inspection of certain records.

 

(a) Except as provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (Code of Virginia, 2.2-3700 et seq.).

 

(b) Cost estimates relating to a proposed procurement transaction prepared by or for a public entity shall not be open to public inspection.

 

(c) Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the public entity decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.

 

(d) Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the public entity decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract.

 

(e) Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

 

(f) Trade secrets, lists of subcontractors, or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder, offerer or contractor must invoke the protection of this section prior to, or upon submission of, the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

DIVISION 2.

 

ETHICS IN PUBLIC PROCUREMENT

 

Sec. 2-350. Definitions.

 

For the purposes of this division, the following words and terms shall have the meanings ascribed to them in this section:

 

Immediate family means a spouse, children, parents, brothers and sisters and any other person living in the same household as the employee.

 

Official responsibility means administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom.

 

Pecuniary interest arising from the procurement means a personal interest in a contract as defined in the State and Local Government Conflict of Interests Act (Code of Virginia, 2.2-3100 et seq.).

 

Procurement transaction means all functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

 

Public employee means any person employed by a public body, including elected officials or appointed members of governing bodies.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-351. Relationship to state law.

 

The provisions of this division supplement, but do not supersede, other provisions of law, including, but not limited to, the State and Local Government Conflict of Interests Act (Code of Virginia, 2.2-3100 et seq.), the Virginia Governmental Frauds Act (Code of Virginia, section 18.2-498.1 et seq.) and articles 2 and 3 of chapter 10 of title 18.2 (section 18.2-438 et seq.) of the Code of Virginia. The provisions of this division apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-352. Violations.

 

Willful violation of any provision of this division shall constitute a Class 1 misdemeanor. Upon conviction, any public employee, in addition to any other fine or penalty provided by law, shall forfeit his employment.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-353. Proscribed participation by public employees in procurement transactions.

 

Except as may be specifically allowed by Code of Virginia, 2.2-3112(A)(2), (3) or (4), no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:

 

(1) The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction;

 

(2) The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five (5) percent;

 

(3) The employee, the employee's partner or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or

 

(4) The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-354. Solicitation or acceptance of gifts.

 

No public employee having official responsibility for a procurement transaction shall solicit, demand, accept or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The public body may recover the value of anything conveyed in violation of this section.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-355. Disclosure of subsequent employment.

 

No public employee or former public employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the public body, unless the employee or former employee provides written notification to the public body, or a public official if designated by the public body, or both, prior to commencement of employment by that bidder, offeror or contractor.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-356. Gifts by bidders, offerors, contractors or subcontractors.

 

No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-357. Kickbacks.

 

(a) No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services, or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.

 

(b) No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section.

 

(c) No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.

 

(d) If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Sec. 2-358. Purchase of building materials, etc., from architect or engineer prohibited.

 

(a) No building materials, supplies or equipment for any building or structure constructed by or for a public body shall be sold by, or purchased from, any person employed as an independent contractor by the public body to furnish architectural or engineering services, but not construction, for such building or structure, or from any partnership, association or corporation in which such architect or engineer has a personal interest as defined in Code of Virginia, 2.2-3101..

 

(b) No building materials, supplies or equipment for any building or structure constructed by or for a public body shall be sold by or purchased from any person who has provided or is currently providing design services specifying a sole source for such materials, supplies or equipment to be used in the building or structure to the independent contractor employed by the public body to furnish architectural or engineering services in which such person has a personal interest as defined in Code of Virginia, 2.2-3101.

 

(c) The provisions of subsections (a) and (b) shall not apply in cases of emergency or for transportation-related projects conducted by the state department of transportation or the Virginia Port Authority.

(Ord. No. 1015, 6-26-91; Ord. No. 1144, 7-5-95)

 

Secs. 2-359--2-370. Reserved.

 

ARTICLE XV.

 

SOLID WASTE ADVISORY COMMISSION*

__________

* Cross References: Solid waste, Ch. 32.

__________

 

Sec. 2-371. Creation.

 

Pursuant to Code of Virginia, 15.2-1102, there is hereby created in and for the city a commission to be known as the "solid waste advisory commission."

(Ord. No. 1030, 12-11-91)

 

Sec. 2-372. Composition; appointment and terms of members.

 

The commission shall consist of eleven (11) members appointed by the city council and shall be residents of the city so long as they shall serve on the commission. Member appointments shall be for four-year terms; provided, however, of those initially appointed, four (4) shall be appointed for one year, three (3) shall be appointed for two (2) years, two (2) shall be appointed for three (3) years, and two (2) shall be appointed for four (4) years. Vacancies on the board shall be filled by the city council for the unexpired portion of the term. The director of public works shall be an ex officio member, without vote.

(Ord. No. 1030, 12-11-91)

 

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on March 28, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council