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Home My WebLink AboutORD 3018 Amending Chapter 2 of the Code of Ordinance Relating to ContractsCity of West University Place Harris County, Texas ORDINANCE NO. 3018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING DIVISION 2, CONTRACTS, PAYMENTS, ETC., OF ARTICLE V, FINANCE, OF CHAPTER 2, ADMINISTRATION AND FINANCE, OF THE CODE OF ORDINANCES; AND MAKING OTHER FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Section 1. Division 2, Contracts, Payments, Etc., of Article V, Finance, of Chapter 2, Administration and Finance, of the Code of Ordinances of the City of West University Place, Texas, is amended to read as follows: "Chapter 2 ADMINISTRATION AND FINANCE ARTICLE V. FINANCE DIVISION 2. CONTRACTS, PAYMENTS, ETC. Sec. 2-132. Contracts and agreements. (a) Contract definition. Contract means one or more written documents stating the essential terms of an agreement for providing goods, services or public works to the City that is properly executed on behalf of the City. (b) Advertising for bids. The city staff is authorized to advertise for bids or proposals without prior council authority for those projects authorized by the current budget. The city manager shall determine the method of contractor selection that provides the best value for the city for each contract, and may conduct the selection process including establishing the selection criteria, as appropriate. The city staff may open bids and proposals, in accordance with state law. (c) Electronic procurement. The city manager may establish procedures for purchasing goods and services through electronic means, including the Internet. (d) Rejection of bids. If, in the opinion of the city manager or the city council, no bid or proposal for a proposed contract is in the best interest of the city, the city manager or the city council may reject all bids or proposals, and may re -advertise for bids or proposals. (e) 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. (f) Constituent documents and change orders. 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 price, but only those which, i) have an appropriation of current funds sufficient to pay the added cost; ii) individually, do not involve an expenditure in excess of $50,000.00 and iii) which cumulatively do not exceed twenty five percent of the original contract price. (3) Other notices to the contractor and changes in contract time which do not increase the expenditure under the contract. (g) 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; provided, however, the city manager shall report on the contract at the next regular 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 V.T.C.A., Local Government Code § 252.021, for competitive purchases; b. The finance director has certified that funds for the contract are available; c. The city attorney has reviewed the contract or the controlling features of the form used. (3) The city manager may delegate authority to execute purchase orders for less than $15,000.00. Sec. 2-133. Payments, checks and signatures. (a) Payment procedures. The city staff may make a payment to discharge a city obligation, if: (1) The payment is budgeted; (2) Any applicable charter procedures requiring a budget certificate are complied with; (3) The payment is requested by an appropriate department head or the city manager; (4) Payment is made by check signed by the city manager and finance director or by electronic means. (b) Facsimile signatures. Officers authorized to sign checks may use manual or facsimile signatures subject to V.T.C.A., Government Code § 618.003. For any documents for which a facsimile signature of the city secretary is authorized, the city secretary may use a facsimile seal. Sec. 2-134. Use of City Property; Acquiescence to encroachments. (a) Use of City Property. The city manager is authorized to enter an agreement for the use of City real or personal property provided such agreement is "terminable at will" by the City. (b) General authorization. Either the city manager or the mayor may execute acquiescences to encroachments upon city easements if all of the following circumstances are present: (1) The executing officer determines that the encroachment will not significantly hinder present or future city operations, which determination shall be evidenced by the officers. (2) The acquiescence document does not purport to limit or to affect any of the city's execution of the acquiescence documents or regulatory or police powers, including the zoning ordinance. (3) The acquiescence document provides that the encroachment may be removed at the discretion of the city, if required in the future. (4) Applicable administrative provisions for the acquiescence have been complied with. (5) The city attorney has reviewed the document or the controlling features of the form. (c) Optional referral. Either the city manager or the mayor may refer any request for an acquiescence to the city council. Sec. 2-135. Acceptance of gifts. (a) Staff authorization. The city manager or finance director may accept gifts to the city and issue acknowledgments on behalf of the city, subject to the following restrictions: (1) If a gift is restricted or conditioned, the restrictions or conditions must be consistent with city policy and procedures, including the current city budget. (2) The accepted gift must be cash or personal property not subject to potential liabilities imposed upon the owner. (3) The accepted gift may not be real estate or a possessory interest in real estate. (b) Referral. Proposed gifts not authorized by subsection (a) should be referred to the city council. Gifts that are subject to subsection (a) may be referred to the city council. Sec. 2-136. Notices and publications. Unless otherwise prescribed by the city council, the city secretary shall determine the mode and manner of giving notices and publishing official items, subject to the following: (1) Notices and publications must be consistent with applicable laws, rules, regulations and ordinances as well as the current city budget. (2) An official newspaper shall be designated by the city council from time to time. If an ordinance, law, rule or regulation indicates that a nonofficial newspaper is appropriate for a particular notice, the city secretary is authorized to publish the notice in the nonofficial newspaper. Sec. 2-136. Payment of claims; releases. The city manager is authorized to approve payment, and execute releases for, claims against the city for money damages, provided that any payment by the city is limited to $5,000.00 per occurrence. The city manager shall report the payment at the next regular council meeting. —Secs. 2-137 -- 2-155. Reserved." Section 2. Savings/Repealing Provision. All ordinances and parts of ordinances in conflict with this ordinance are repealed to the extent of the conflict only. Section 3. Severability. If any provision of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 4. Effective Date. This ordinance takes effect immediately upon its passage and adoption on second reading. Page 4 of 5 PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 24th day of May 2021. Approved as to form. By. Olson & Olson, LLP, City Attorney Page 5 of 5