HomeMy WebLinkAboutORD 1256 - ORD Relating to Contracts and Agreements
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ORDINANCE NUMBER 1256
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AN ORDINANCE RELATING TO CONTRACTS AND
! AGREEMENTS; DEFINING THE AUTHORITY OF
CERTAIN CITY OFFICIALS; AMENDING THE CODE OF .
ORDINANCES; AND CONTAINING FINDINGS. AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council: desires to clarifY the, authority of, City
officials and establish certain protedures with respect to contracts
and agreements;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSJTY
PLACE, TEXAS:
Sect; on 1. That the Code of Ordi nances, Ci ty of West U.n.i versi ty
Place, Texas, is hereby amended. adding a s.e.ction, to be'.numbered 2-25,
which said section reads as follows:
"Sec. 2-25.
Contracts and Agreements.
(a) As used in this s-ection, the term "contractU includes
written agreements and related written documents resembling agreements ;,]
such as, for example, permits, bills of sale, releases, easements and
deeds, but not including purchase orders on the City's standard form.
(b) If the Council has approved or authorized a contract by
motion, resolution or ordinance duly adopted, either 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
foHowing to the extent they relate directly to such a contract:
(i) surety bonds;
(ii) change orders and amendments to the
contract, but only those which, individually,
do not involve an expenditure exceeding $2,500
and which, cumulatively, do not involve
expenditures exceeding 10% of the estimated
expenditure under the original contract;
(iii) other notices to the contractor which do not
increase the expenditure under the contract.
(c) The City Manager is authorized to execute the following
contracts for and on behalf of the City without prior submission to the
Council:
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(i)
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~ .
(ii) Contracts necessary for the ordinary,
conduct of City business, provided:
(A) the tota,l expenditure involved by all
such contracts signed by the City Manager
between regular meetings of the Council
does not:exceed $10,000; ':
(B) '. : the contract does not a 11 ow ,the. use of
City property, except on a Uterminable at
wi 11" bas is;
(C) The Director of Finance has certified
that funds for the contract are avail~ble;
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(D-) The' Cit~ Attorney, has reviewed the
contract or the controlling features of
the form used.
(d) The City Manager' may. execute purchase orders on the
City's standard form for and on behalf of the City, without prior
submission to the Council. The City Manager may delegate authority to
execute such purchase orders involving expenditures less that $5,000
each.
(e) At each regular Council meeting, the City Manager shall
submit a list of contracts executed without submission to'theCouncil
since the last regular Council meeting.
Section 2. 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, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, secti on or other part of ;thi s ordi nance, to any
other persons or circumstances shall not be affected th~reby~, .
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Section 3. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
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 Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
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and that each such meeting has been open to the public as required by
law at all'timesduring such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and'posting thereof.!
Section 5. This ordinances takes effect upon its adoption.
PASSED AND APPROVED ON FIRST READING this Z!1b day of
FEBRUARY , 1986.
Councilmembers Voting Aye:; Mayor Parks, Councilmembers
'Higley, Bryan, Cummings,
Schwartzel
Councilmembers Voting'No: None
PASSED AND APPROVED ON SECOND READING this 10th day of
MARCH , 1986.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Higley, Bryan, Cummings,
Schwartzel
Councilmembers Voting Nb:'
None
Mi chae 1 L.' Parks, Mayor
ATTEST:
Audrey NichoJS,
City Secretary
(SEAL)
APPROVED AS TO FORM:
James L. Dougherty, Jr.,
City Attorney
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