HomeMy WebLinkAboutORD 1948 Amending Chapter 2 of the Code re PurchasingCity of West University Place
Harris County, Texas
ORDINANCE NO. 1948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 2, ARTICLE V,
SECTION 2-132, CONTRACTS AND AGREEMENTS, OF THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
BY REVISING THE LANGUAGE OF SUBSECTION 2-132(d)2.a. TO
CONFORM THE CITY MANAGER'S PURCHASING AUTHORITY TO
MATCH STATE BIDDING STATUTES AND CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 2, Article V, Section 2-132, Contracts and Agreements, of
the Code of Ordinances of the City of West University Place, Texas is amended by
revising the language of Subsection 2-132(d)2.a. to conform the City Manager's
purchasing authority to match state bidding statutes as set out in Appendix A, attached
hereto. All other portions of Chapter 2 of the Code of Ordinances not specifically
amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
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PASSED, APPROVED AND ADOPTED ON FIRST READING on the 12th day
of September 2011.
:D, APP OVED ADOPTED ON SECOND READING, AND SIGNED,
day o 2011.
Signed: P
City Secretary (Seal) Mayor
Recommended:
V City Manager
Approved as to legal form:
City Attorney
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Appendix A
(Amended Section 2-132, Code of Ordinances)
Section 2-132. - Contracts and agreements.
(a) Contract definition. As used in this section, the term "contract" includes written
agreements and related written documents resembling agreements such as, for
example, permits, bills of sale, releases, easements, deeds, and purchase orders.
(b) Advertising for bids. The city staff is authorized to advertise for bids without prior
council authority for those projects authorized by the current budget. The city staff may
open bids, in accordance with state law.
(c) Completion, signing, if council approves. If the council approves or authorizes a
contract by motion, resolution or ordinance, whether in general or specific terms:
(1) The city manager is authorized to assemble, negotiate and do all other things
necessary to complete the contract and consummate the transactions approved or
authorized by the council; and
(2) The mayor or the city manager may execute it for and on behalf of the city.
In addition, either the mayor or the city manager may execute any of the following to the
extent that they relate directly to such a contract:
(1) Surety bonds.
(2) Change orders and amendments to the contract, but only those which,
individually, do not involve an expenditure in excess of $25,000.00 or which
cumulatively do not exceed ten percent of the estimated expenditure under the original
contract.
(3) Other notices to the contractor which do not increase the expenditure under
the contract.
(d) Contracts not requiring council approval. The city manager is authorized to execute
the following contracts for and on behalf of the city without prior submission to the
council:
(1) Emergency contracts which are necessary to preserve life or property, under
circumstances when it is necessary to take immediate action and it is impractical to
await a council meeting.
(2) Contracts for ordinary city business, provided:
a. The total expenditure of such a contract signed by the city manager
does not exceed the amount specified by Section 252.021, Local Government Code, for
competitive purchases;
b. The contract does not allow the use of city property, except on a
"terminable-at-will" basis;
c. The director of finance has certified that funds for the contract are
available;
d. The city attorney has reviewed the contract or the controlling features of
the form used.
(3) Purchase orders on the city's standard form. The city manager may delegate
authority to execute purchase orders for less than $5,000.00.
(4) Contracts including releases for claims against the city for money damages,
provided that any payment by the city is limited to $2,500.00 per occurrence.
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