Resolution 2016-12 - Reso. 2016-12 - vehicle purchases & Charter 14.14 - 11-17-15RESOLUTION NO. 2016-12
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 THE ACQUSITION OF CERTAIN VEHCILES IDENTIFIED
FOR REPLACEMENT IN THE 2015 -2016 BUDGET.
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 certain vehicles
identified for replacement in the 2015 -2016 Budget that meets State and Local
requirements; and
WHEREAS
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 purchase of certain vehicles identified for replacement in the 2015 -2016
Budget; 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 purchase of
certain vehicles identified for replacement in the 2015 -2016 Budget in the amount
of $638,722.30; and
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, Texas, 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.
Section 2 The City Council approves the purchase of certain vehicles identified for
replacement in the 2015 -2016 Budget (listed as follows) and authorizes the City
Manager to sign and execute all associated contractual documents after approval
by the City Attorney.
Vehicle
Price
Selected Vendor
2016 Autocar with Heil
Multipack body
$329,872
Autocar /Heil
2016 Western Star /Stellar
Roll Off Truck
$146,013
Waco Freightliner
2016 Ford Explorer
$25,276
Silsbee Ford
2015 Ford F150 Truck
$20,865.30
Silsbee Ford
2016 Ford F150 Truck
$21,735
Silsbee Ford
(2) 2016 Ford Fusions
$32,827
Silsbee Ford
is â– erolit L' e
Floor fus ailer
$ 134 ,,N\
Travis ly ( ai
PASSED AND APPROVED this 17th day of November, 2015.
ATTEST:
Woodw: , City ecretar
THE CITY OF HUNTSVILLE
Mac Wood ard, M. or
APPROVED AS TO FORM:
ard Schneider, City Attorney