Ordinance No. 16,384 (Item 5.h.)ORDINANCE NO. 16,384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RATIFYING EMERGENCY AND UNFORESEEN REPAIR SERVICES TO THE
CENTRAL, NORTHEAST, AND EAST DISTRICT WASTEWATER TREATMENT
PLANTS; AUTHORIZING PAYMENT TO MAGNA FLOW ENVIRONMENTAL, INC.
IN THE AMOUNT OF ONE -MILLION, FOUR -HUNDRED, FORTY-FOUR
THOUSAND, SIX -HUNDRED, SEVENTY-NINE DOLLARS AND 84/100 DOLLARS
($1,444,679.84); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
******************************************************************************
WHEREAS, Section 252.022(a)(3) of the Texas Local Government Code exempts from state law
competitive bidding requirements an expenditure for a procurement necessary because of unforeseen
damage to public machinery, equipment, or other property; and
WHEREAS, emergency services were required to address critical operational failures impacting
multiple wastewater treatment plants, including at the Central District Plant, where solids were
accumulating and settling within the treatment process due to equipment failures, clarifier and aeration
system limitations, and structural or hydraulic constraints, requiring immediate action to stabilize plant
operations, maintain treatment efficiency, and prevent potential permit violations; and at the Northeast and
East Plants where belt press failures caused digesters to approach capacity, requiring emergency services
to manage sludge levels and protect continuous operations; and
WHEREAS, the City Council of the City of Baytown, Texas now desires to ratify the expenditure
made pursuant to Texas Local Government Code Section 252.022(a)(3) for the emergency repair of
unforeseen damage to the Central, Northeast, and East District Wastewater Treatment Plants; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true
and are approved by the City Council of the City of Baytown, Texas.
Section 2: That the City Council of the City of Baytown hereby ratifies the expenditure for
emergency and unforeseen repair services to the City Hall HVAC chiller, and authorizes payment in an
amount of ONE -MILLION, FOUR -HUNDRED, FORTY-FOUR THOUSAND, SIX -HUNDRED,
SEVENTY-NINE DOLLARS AND 84/100 DOLLARS ($1,444,679.84) to Magna Flow Environmental,
Inc.
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%) without the consent of the contractor
to such decrease.
Section 3: 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
Baytown this the 22' day of January, 2026. A
ATTEST:
ANGEL KSON, City Clerk ,
APPROVED S O FORM``lea'
4��
SCOTT LEM D, City Attorney
of t City Co cil of the City of
T.
11
f , Mayor
RAOrdinances and Resolutions\Ordinance Drafts\2026-1-22\0rd-Ratifying Emergency Repairs-SL.docx