Resolution 2016-11 - Reso. 2016-11 - Garney, Town Creek, & Charter 14.14 - 11-17-15RESOLUTION NO. 2016-11
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 AUTHORIZING THE CITY MANAGER TO SIGN A DESIGN -PHASE CONSTRUCTION
MANAGER -AT -RISK CONTRACT WITH GARNEY COMPANIES, INC. FOR THE
CONSTRUCTION OF TOWN CREEK.
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 to select Garney
Companies to provide Design -Phase Construction Manager at Risk Services for
the City of Huntsville that meets State and Local requirements; and
WHEREAS
WHEREAS
WHEREAS
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
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 Town Creek project and to appoint Garney Companies to provide Design -
Phase Construction Manager at Risk Services for the Town Creek drainage
project; 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 select Garney Companies
to provide Design -Phase Construction Manager at Risk Services for the City of
Huntsville for the Town Creek drainage project in the amount of $191,015; and
WHEREAS Section 14.14 of the Charter does not specifically mention run-off elections; and
WHEREAS 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 authorizes the City Manager to sign a Design -Phase
Construction Manager at Risk Contract with Garney Companies, Inc. for the
Town Creek drainage project after approval by the City Attorney.
PASSED AND APPROVED this 17th day of November, 2015.
THE CITY OF HUNTSVILLE
Mayor
Mac
Woodwar
ATTEST: APPROVED AS TO FORM:
Woo • ward, City S - retary L onard Schneider, City Attorney