Loading...
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