Resolution 2016-19 - Reso. 2016-19 - Charter 14.14 ratifications - 1-5-16 - 1/5/2016 RESOLUTION NO. 2016-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
RATIFYING THE PRIOR ADOPTION OF RESOLUTIONS 2016-08, -09,-10,-11,-12,-13,-14,
-15,46,47,AND-18 AND AUTHORIZING PAYMENT.
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 Council of the City of Huntsville, has reviewed the processes which brought the
projects and contracts in Resolutions 2016-08 through 2016-18 before it for adoption and
the adoption of each Resolution; 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 11.15 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 December 12, 2015 runoff election for Mayor was canvassed on December 20, 2015,
and Mayor Andy Brauninger was duly sworn into office and presented with a certificate
of election.
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.
I
NOW THEREFORE, be it resolved by the City Council of the City of Huntsville Texas,
Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted as
findings of fact and conclusions of law by the City Council and made a part hereof for all
purposes.
Section 2 The City Council of the City of Huntsville, Texas ratifies the prior adoption of
Resolutions 2016-08, -09, -10, -11, -12, -13, -14, -15, -16, -17, and -18.
Section 3 The City Council ratifies the prior authorization given to the City Manager to sign and
execute all associated contractual documents after approval by the City Attorney for each
of the Resolutions 2016-08, -09, -10, -11, -12, -13, -14, -15, -16, -17, and-18.
Section 4 The City Council ratifies and/or authorizes payment for any work or services performed
under contracts and projects associated with Resolutions 2016-08, -09, -10, -11, -12, -13,
-14, -15, -16, -17, and-18.
PASSED AND APPROVED this 5`h day of January 2016.
THE TY OF HUNTSVILLE
S
dy ra Inger, ayor
ATTEST: APPROVED AS TO FORM:
Le
Woodward, ity Secretary )Ocfme�iderCity Attorney