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Ordinance No. 15,271 ORDINANCE NO. 15,271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT TO BAY AIR CONDITIONING, LLC IN AN AMOUNT NOT TO EXCEED SIXTY-SIX THOUSAND NINE- HUNDRED THIRTY-THREE AND 78/100 DOLLARS ($66,933.78) FOR THE EMERGENCY REPLACEMENT OF THE BOILER SYSTEM AT THE PARKS AND RECREATION COMMUNITY CENTER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, Section 252.022 of the Texas Local Government Code exempts from competitive bidding requirements procurements necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, the emergency replacement of the boiler system at the Parks and Recreation Community Center(the "Project")was required due to the catastrophic failure of the system; and WHEREAS, the Project is necessary in order to preserve or protect the public health and safety of the City's residents; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby declares that the Project is necessary to preserve or protect the public health and safety of the City's residents and is an emergency Project. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes payment in the amount not to exceed SIXTY-SIX THOUSAND NINE-HUNDRED THIRTY- THREE AND 78;100 DOLLARS ($66,933.78)to Bay Air Conditioning,LLC for the Project. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25°0) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 22"d day of November, 2022. NDON CAPETILL , Mayor ATTEST: h�O�,6NYT ft4, ANGEL CKSON, Co APPROVED A TO O SCOTT LEM D, City Attorney R:'Scott'%Ordinances 11-22-22.1:mergencyPurchaseotBoiler.docx 2