Resolution 2016-13 - Reso. 2016-13 - Charter 14.14 & waterline projects engineering, 12-15-15 - 12/15/2015 i
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RESOLUTION NO. 2016-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
INTERPRETING SECTION 14.14 OF THE CITY CHARTER AS TO THE
APPROPRIATENESS OF AWARDING ENGINEERING CONTRACT FOR 2015-2016
WATERLINE REPLACEMENT PROJECTS.
WHEREAS Section 14.14 of the City Charter states:
"The Council may award contracts only at regular meetings of the Council except in the
event of grave public emergency or calamity. It is further provided that from the date of
any City general election until the members of the Council elected at such election have
duly qualified and taken office, the Council shall not create, make, or enter into any
contract for the purchase of materials, supplies, land, or buildings, or for the construction
or repair of any public building or the carrying on of any public work, or professional
services requiring or authorizing any expenditure in excess of one thousand dollars which
creates or imposes on the City any obligation or liability of any nature or character
whatsoever, except in the event of grave public emergency or calamity. It is specifically
provided, however, that this provision shall not apply to contracts lawfully authorized
prior to any City general election or to contracts which may hereafter be lawfully
authorized by a vote of the qualified voters of the City, or to contracts made for the
purpose of continuing the normal functions of any regularly established department of the
City. Any and all contracts hereafter made by the City in violation of the terms of this
provision shall be void and shall not be enforceable in any court of this State and the
performance of same and the payment of any money there under may be enjoined by any
property tax paying citizen of the City."
WHEREAS The City of Huntsville, has conducted a procurement process for waterline
replacement project on 7th Street, 13th Street, Avenue P and Mary Avenue, (herein
after referred to as "the Project")that meets State and Local requirements; and
WHEREAS Section 3.03 of the City of Huntsville City Charter states, the City shall have the
power to contract and be contracted with; and
WHEREAS Section 11.06 of the City of Huntsville City Charter states funds are appropriated
from the effective date of the budget, thereby lawfully making funds available for
the Project; and
WHEREAS Section 11.15 of the City of Huntsville City Charter sets forth guiding
procurement procedures for contracts to be executed, many of which are in
contrary to Section 14.14; and
WHEREAS The City Council finds it necessary and appropriate to award the Project in the
amount of$75,800.
WHEREAS Section 14.14 of the Charter does not specifically mention runoff elections; and
WHEREAS The Council believes the intent of Section 14.14 was not to prohibit operations of
the City for a period of two months that affect health, safety and welfare.
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NOW THEREFORE, be it resolved by the City Council of the City of Huntsville Texas,
Section I The City Council of the City of Huntsville, Texas finds it appropriate to interpret
City Charter Section 14.14 as not applicable in these circumstances and further
contrary to City Charter Sections 3.03, 11.06 and 11.15.
Section 2 The City Council approves the Project and authorizes the City Manager to sign
and execute all associated contractual documents after approval by the City
Attorney.
PASSED AND APPROVED this 151h day of December 2015.
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THE CITY OF HUNTSVILLE
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Mac Woodwa , Mayo
ATT ST: APPROVED AS TO FORM:
Lee oodward, ty Sec ry L onar Schneider, City Attorney
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