NORTH CAROLINA GENERAL ASSEMBLY
HOUSE BILL 310
AN ACT TO AMEND SECTIONS 70 TO 74 INCLUSIVE OF CHAPTER 1184 OF THE SESSION LAWS OF NORTH CAROLINA, 1949.
The General Assembly of North Carolina do enact:
Section 1. That Sections 70 to 74 inclusive of Chapter 1184, Session Laws of North Carolina, 1949, be amended to read as follows:
"Section 70. Public Contracts and Purchases; Procedure. No construction or repair work or purchase of apparatus, supplies, materials or equipment shall be performed by the City of Raleigh unless the applicable provisions of Article 8 of Chapter 143 of the General Statutes of North Carolina or any amendment thereof shall have been complied with.
Notwithstanding the provisions of said Article 8 or any other Act in the purchase of apparatus, supplies, materials or equipment for the City of Raleigh, any personal property owned by the City of Raleigh may be exchanged or traded in as a condition of such purchase, provided the advertisement for bids shall specify the property to be exchanged or traded.
"Section 71. Same; Reports by Department Heads of Needed Supplies and Equipment; Estimates and Purchases.
(a) It shall be the duty of all department heads to furnish to the City Purchasing Agent, when requested by him, on forms furnished by him, tabulated estimates of all supplies, materials and equipment needed and required by each respective department for such periods in advance as may be designated by the City Purchasing Agent, or as prescribed by the City Council.
(b) The City Purchasing Agent shall compile and consolidate all such estimates of supplies, materials and equipment needed and required by the various departments to determine the total requirements for a given commodity during a fiscal year. If the total requirements for any given commodity will involve an estimated expenditure equal to or more than the amount which may be purchased on informal bids as provided in Article 8 of Chapter 143 of the General Statutes of North Carolina or an amendment thereof, the procedure prescribed by said Article shall be followed.
(c) All purchases made and contracts executed by the City Purchasing Agent shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the Director of Finance (City Accountant) certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractural services for which the contract or order is to be issued.
"Section 72. Section 72 is repealed.
"Section 73. Section 73 is repealed.
"Section 74. Same; Contracts Contrary to Provisions of Act Made Void. If any contract for construction or repair work or for the purchase of any supplies, materials or equipment within the meaning and application of this Act, shall be made contrary to the provisions of this Act, such contract shall be void and of no effect; and in such event, the officials and employees of the city authorizing or making, or purporting to authorize or to make, any such contract or purchase, shall be personally liable for the costs thereof, and if such work, supplies, materials or equipment are so unlawfully contracted for or purchased and paid for out of city moneys, the amount thereof may be recovered in the name of the City of Raleigh in an appropriate civil action instituted therefor."
Sec. 2. All laws and clauses of law in conflict with this Act are, to the extent of such conflict, repealed.
Sec. 3. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 9th day of April, 1965.