Ordinance No. 12,711ORDINANCE NO. 12,711 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ONE OR MORE CONTRACTS FOR EMERGENCY REPAIRS OF APPROXIMATELY 40- LINEAR FEET OF THE 30 -INCH STEEL FORCE MAIN PIPE AERIAL CROSSING ALONG MARKET STREET AT THE HARRIS COUNTY FLOOD CONTROL DISTRICT CHANNEL LOCATED APPROXIMATELY 800 FEET WEST OF THE INTERSECTION OF LEE DRIVE AND MARKET STREET; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); 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 force main pipe aerial crossing along Market Street at the Harris County Flood Control District Channel located approximately 800 feet west of the intersection of Lee Drive and Market Street is severely deteriorated and in imminent danger of failing; and WHEREAS, the immediate repair of the force main is necessary in order to preserve or protect the public health or 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 repair of the above - referenced force main is necessary to preserve or protect the public health or safety of the City's residents. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to negotiate and execute one or more contracts for emergency repairs of approximately 40- linear feet of the 30 -inch steel force main pipe aerial crossing along Market Street at the Harris County Flood Control District channel located approximately 800 feet west of the intersection of Lee Drive and Market Street, subject to terms and conditions acceptable to the City Manager and the City Attorney Section 3: That the City Council of the City of Baytown authorizes payment in an amount not to exceed TWO HUNDRED THOUSAND AND N01100 DOLLARS ($200,000.00) for the emergency repairs authorized in Section 2 hereinabove. Section 4: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 3 hereof may not be increased by more than twenty five percent (25 %). Section 5: 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 City of Baytown this the 17th day of November, 2014. ATTEST: ETICIA BRYSCH, Clerk APPROVED AS TO FORM: GNACIO RAMIREZ, SR., C ty ttorney S vote of the City Council of the H. DONCARLOS, Mayor C; ' i t i r • P F'S'tUl,t�'�''Y,%' R.\Kared %Fi1e9%City Council ',Ordinances\20141November 17\EmergencyRepairContract4AerialCrossing( Market &Lee.doc