Resolution 2016-08 - Reso. 2016-08 - road materials & Charter 14.14 - 11-17-15RESOLUTION NO. 2016-08
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 THE ANNUAL PURCHASE OF VARIOUS ROAD
MATERIALS.
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
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
The City of Huntsville, has conducted a procurement process for the annul purchase of
various road materials that meets State and Local requirements; and
Section 3.03 of the City of Huntsville City Charter states, the City shall have the
power to contract and be contracted with; and
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
annual purchase of various road materials; and
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
The City Council finds it necessary and appropriate to award the annual purchase of
various road materials to the low bid supplied for the requisite road material; and
Section 14.14 of the Charter does not specifically mention run-off elections; and
The Council believes the intent of Section 14.14 was not to prohibit general operations
of the City for a period of two months that affect health, safety and welfare.
NOW THEREFORE, be it resolved by the City Council of the City of Huntsville Texas,
Section 1
The City Council of the City of Huntsville, TX 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 annual purchase of various road materials and
authorizes the City Manager to sign and execute all associated contractual documents
after approval by the City Attorney.
PASSED AND APPROVED this 17th day of November, 2015.
ATTEST:
Woodward, City Secret
y
THE CITY OF HUNTSVILLE
Mac Woodw , May
APPROVED AS TO FORM:
and Schneider, City Attorney