Las Vegas City Commission Minutes, November 7, 1949 to May 21, 1952, lvc000007-67

CEMETERY CARE POND Commissioner Moore moved the money in the Cemetery Care Fund be invested in United States Sav- Investment ings Bonds—Series F, in $1,000 denominations; further that the Comptroller be instructed to issue a warrant and the Mayor and City Clerk authorized to sign same. Motion seconded by Commissioner Blinker and carried by the following vote: Commissioners Bunker, Moore, Peccole and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor Gragin. OPINION OF CITY Commissioner Moore moved the opinion of the City Attorney relative to whether or not the City ATTORNEY can refuse to purchase material or parts from a company being picketed be ordered filed and made a portion of the minutes. March 7, 1950 TO: E. W. CRAGIN, Mayor, and BOARD OF COMMISSIONERS. With reference to your question as to whether or not the City can refuse to purchase mat­erial or parts from a company being picketed and thus prefer a company that is not involved in a labor dispute, I submit the following for your information: - The decisions of the courts are uniform in holding that municipalities may not specify that their contracts be performed by union labor nor may they agree to accept or limit bid­ding only from contractors who employ union labor or who are not engaged in union difficul­ties. (See letter from this office dated December 29, 1949, and the authorities therein cited.) This rule not only applies to the performance of contracts with the City but also applies to the purchase of supplies and materials, the general rule being well settled that it is the duty of public officials to make purchases at the lowest price possible for the benefit of the public, and that such preferential treatment as suggested in the questions above would tend to prevent competition and increase the cost of government to the taxpayers. The courts further hold that such practices would be an unjust discrimination in favor of or between certain classes of citizens which would tend to create a monopoly and restrict competition and, in effect, require the Commission in some instances to violate the duties of their office in that they could not accept bids from the lowest responsible bidder nor could they obtain supplies and materials at the lowest cost available. The authorities appear to be uniform and numerous on this subject. Therefore, I have not attempted to set them forth herein. Suffice it to say that McQuillin on Municipal Corp­orations and American Jurisprudence are clear in enunciating the foregoing rules. It there­fore follows that any action on the part of the City Commission, in purchasing supplies and materials for the City from only persons or organizations that are not involved in union difficulties would not be a valid exercise of the power vested in the Commission for the reason that its specific duty is to obtain materials and supplies at the lowest and best price obtainable. s/ Howard W. Cannon City Attorney Motion seconded by Commissioner Bunker and carried by the following vote: Commissioners Bunker, Moore, Peccole, and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor Cragin. There being no further business to come before the meeting at this time Commissioner Moore moved the meeting adjourn until March 22, 1950 at the hour of 3:00 P.M. Motion seconded by Commissioner Peccole and carried by the following vote: Commissioners Bunker, Moore, Peccole and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor Cragin. Las Vegas, Nevada March 13, 1950 CALL OF SPECIAL MEETING TO: SHIRLEY BALLINGER, City Clerk Las Vegas, Nevada A Special Meeting of the Board of Commissioners of the City of Las Vegas is hereby called to be held in the Council Chambers at the City Hall, on the 13th day of March, 1950, at the hour of 3:00 P.M. to consider the following matters: 1. Vacation of Right of Way adjoining John S. Park School 2. Accept Deed from LDS Church for right of way on Sweeney Avenue 3. State Highway to furnish Mercury Vapor lights for intersection of Fremont and Charleston Blvd. 4. Proposed ordinance on Assessment District #200-2 5. Zone Variance #83 6. Liquor application - Shamrock Hotel 7. Reject Bid No. $0.10 8. Service & Material Warrants /s/ E. W. Cragin Mayor