Resolution 2016-10 - Reso. 2016-10 - TxDoT TAP grant & Charter 14.14 - 11-17-15RESOLUTION NO. 2016-10
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 AMENDING AN AGREEMENT WITH GESSNER ENGINEERING
FOR PROFESSIONAL ENGINEERING SERVICES TO INCLUDE FINAL DESIGN AND
CONSTRUCTION SUPPORT SERVICES FOR THE TRANSPORTATION ALTERNATIVES
PROGRAM GRANT.
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 engineering
services to complete design and provide construction support services
(hereinafter "the Services") that meets State and Local requirements; and
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
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 Services; 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 Services to
Gessner Engineering in the amount of $63,700; and
Section 14.14 of the Charter does not specifically mention run-off elections;
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
Section 2
The City Council of the City of Huntsville, TX finds it appropriate to interpret
City Charter Section 14.14 as not applicable in this circumstance and further
contrary to City Charter Sections 3.03, 11.06 and 11.15.
The City Council approves amending an agreement with Gessner Engineering
for professional engineering services to include final design and construction
support services for the Transportation Alternatives Program grant 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:
0 ��
=e Woodward, City Secretary
THE CITY OF HUNTSVILLE
Mac Woodw d, Mayor
APPROVED AS TO FORM:
and Schneider, City Attorney