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Ordinance No. 8,81120000121 -1 ORDINANCE NO. 8811 ® AN ORDINANCE DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTEEN THOUSAND SIXTY -SIX AND NO 1100 DOLLARS ($15,066.00) TO DERRYBERRY'S, L.P., FOR A HOT WATER HEATING BOILER FOR THE COMMUNITY CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the boiler that supplies heat for the Community Center has failed and is beyond repair; and WHEREAS, the purchase of a new boiler is necessary to furnish the heat required during the winter months to protect the facility and provide the warmth necessary for the administrative offices and meeting rooms; and WHEREAS, Texas Local Government Code Annotated § 252.022, provides that in case of unforeseen damage to public machinery, equipment, or other property, the requirement for competitive bids is not applicable; and WHEREAS, informal bids for a hot water heating boiler for the Community Center have been obtained, and Derryberry's, L.P., is the low bid; 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 an emergency situation exists. Section 2: That payment to Derryberry's, L.P., of the sum of FIFTEEN THOUSAND SIXTY -SIX AND NO 1100 DOLLARS ($15,066.00) for a hot water heating boiler for the Community Center is hereby authorized. 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 TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five (25 %) or decreased by more than twenty -five (25 %) percent 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. 5 20000121 -1a is INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 21" day of January, 2000. 1� x c- PETE C. ALFAR , Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, R. City Attorney c AMyDocumentsTounci I1 99- 00\January\EmergencyBoiler4CommB I dgDerryberry. doe 2