RESO CC 1976-17 - Sanitation equipment RESOLUTION NO. 76-17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AFFIRMATIVELY FINDING THAT AN
EMERGENCY CONDITION EXISTS IN THE SANITATION
DEPARTMENT OF THE CITY OF HUNTSVILLE BECAUSE OF
UNFORESEEN DAMAGE TO SANITATION EQUIPMENT AND
OTHERWISE DEEMING SUCH EMERGENCY TO BE OF SUCH
GRAVITY AS TO DISPENSE WITH THE NORMAL BID ADVER-
TISEMENNT REQUIRED BY STATUTE_IN ORDER TO P_RE.SERV_E
AND PROTECT THE PUBLIC HEALTH OF THE CITIZENS OF
THE CITY OF HUNTSVILLE AND OTHERWISE AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION IN
PAYMENT FOR THE ACQUISITION OF SANITATION EQUIPMENT.
WHEREAS, The City of Huntsville has for several years
collected commercial waste and refuse by the use of strategically
located containers throughout the City which are and have been
picked up and deposited into specially equipped -and designed trucks.
The Sanitation Department of the City of Huntsville in anticipation
that two trucks operated by the City would become inoperable be-
cause of age and condition, has heretofore been authorized to give
notice and request or otherwise solicit bids from appropriate
suppliers for replacement vehicles. It has now been determined that
both of the vehicles owned by the City of Huntsville have now become
inoperable, forcing the City Sanitation Department to rent such
vehicles at a cost to the City of Huntsville of the sum of $250. 00
per day and the prospect for delivery of new vehicles to the City
under bid procedures would in all probability cause a delay of not
less than 90 days. The City Sanitation Department has further
determined that Scott Holman . Company, Inc. , has available for delivery
to the City of Huntsville, two new 1976 Ford Cab and Chassis and two
new Cobey Fork Tainer Front Loading Refuse Compaction Bodies which
vehicles fully meet all specifications and requirements for the City
of Huntsville. The City Sanitation Department, because of the unfore-
seen damage to this sanitation equipment, requires that the continued
rental of such equipment at the cost of $250. 00 per day is necessary
to preserve and protect the public health and prevent the accumulation
of refuse and waste and that should normal bidding procedures be used,
the delay of not less than 90 days in delivery of such vehicles would
cost the City of Huntsville the sum of $22,500 and such expenditure in
such amount can be avoided by dispensing with normal bid procedures
upon the finding that an emergency condition exists and upon such
finding to authorize the City Sanitation Department to acquire by
negotiation the necessary sanitation vehicles at a cost not to exceed
$100, 000. 00 and that the nature of the emergency fully authorizes the
dispensing with advertisement for bids and the Statutory Notice of
intent to issue Certificates of Obligation for the purchase price of
said sanitation equipment:
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City
Council of the City of Huntsville, Texas does hereby affirmatively
find that the specially equipped sanitation vehicles used by the City
Sanitation Department are inoperable due to unforeseen damage and
deterioration of said vehicles and that it is not economically feasible
to attempt further repairs of said vehicles, that in order to prevent
the accumulation and collection of refuse and waste injurious to
the public health and welfare, that the City Sanitation Department has
been forced to rent or lease such special equipment at a cost to the
City of $250. 00 per day, and that further delay in the acquisition of
replacement vehiclesfor'the City of Huntsville by normal bidding pro-
cedure would be wasteful of the public monies and not in the best
interest of the public and that by virtue of such findings the following
resolutions_are in order:
BE IT RESOLVED by the City Council of the City of Huntsville,
Texas, that an emergency condition exists in the City Sanitation De-
partment because of unforeseen damage to City sanitation equipment and
that by virtue of such emergency condition, all .provisions of Article
2368a and 2368a. 1 regarding advertisement for bids be, and the same is
hereby in all things determined to be unnecessary in order to preserve
and protect the public health and welfare, and the City Sanitation
Department is in all things authorized to negotiate the purchase of
two new 1976 Ford Cab and Chassis and two new Cobey Fork Tainer Front
Loading Refuse Compaction Bodies for delivery to the City of Huntsville
Sanitation Department at the earliest practical date.
BE IT FURTHER RESOLVED that in such negotiations the supplier
of such equipment be advised that the City of Huntsville intends to
pay the purchase price for such special equipment by the issuance of
Certificates of Obligation due and payable in four annual installments
with interest at the rate to be determined by the City Council of the
City of Huntsville upon issuance, and that a determination should be
made by such supplier of equipment of whether such supplier will accept
such Certificates of Obligation or, in the alternative, whether such
supplier will assign such Certificates of Obligation in accordance with
arrangements previously made by the City of Huntsville for such
assignment or negotiation of such certificates.
BE IT FURTHER RESOLVED that the finding of an . emergency con-
dition dispensing the need for competitive bids is an emergency within
the definition of Section 7 and Section 8 (b) of Article 2368A. 1 and that
no further notice is necessary of the intent by the City Council of the
City of Huntsville, Texas, to issue Certificates of Obligation in an
amount not exceeding $100, 000. 00 for the purchase of such sanitation
equipment described in this Resolution.
WHEREFORE, said Resolution was duly made and seconded, and
by unanimous vote adopted on this the 6th day of October, 1976 .
CITY OF HUNTSVILLE
A MORRIS I. WAL ER, MAYOR
-RUTH DeSHAW, CITY SECRETARY