Resolution 2016-09 - Reso. 2016-09 - Charter 14.14 & Avenue M & Normal Park waterline - 12-1-15RESOLUTION NO. 2016-09
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 BID FOR THE AVENUE M AND NORMAL PARK DRIVE WATERLINE
REPLACEMENT PROJECT.
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 a waterline replacement
project on Avenue M and Normal Park Drive (herein after referred to as "the Project") 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 Project; and
WHEREAS
WHEREAS
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
$1,184,427.
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 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, 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 1St day of December 2015.
A TEST:
Ili. �W -
e Woodwar , City Secretary
THE CITY OF HUNTSVILLE
J/4,_' il
Mac Woodward, Mayor
APPROVED AS TO FORM:
d Schneider, City Attorney