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Ordinance No. 9,910ORDINANCE NO. 9910 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF TWENTY -NINE is THOUSAND NINE HUNDRED NINETY -FIVE AND NO 1100 DOLLARS ($29,995.00) TO H.D. INDUSTRIES, INC., AS THE SOLE SOURCE FOR A NEW HOPPER FOR A 1996 GMC ASPHALT PATCH TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Texas Local Government Code Annotated § 252.022 provides that when the functional requirements of the City can only be satisfied by one source, the requirement for competitive bids is not applicable; and WHEREAS, the procurement of a new hopper for a 1996 GMC asphalt patch truck can be satisfied by only one source, H.D. Industries, Inc.; 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 only one source can satisfy the needs of the City for a new hopper for a 1996 GMC asphalt patch truck. Section 2: That payment to H.D. Industries, Inc., as the sole source, of TWENTY -NINE THOUSAND NINE HUNDRED NINETY -FNE AND NO /100 DOLLARS ($29,995.00) for a new hopper for a 1996 GMC asphalt patch truck 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 percent (25 %) or decreased by more than twenty-five percent (25 %) 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 14`h day of October, 2004. CALVIN MUNDINGER, Mayor ATTEST: G Y, SMITH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Uy Attorney F:Ucanenc\My Documents \Counci1\04- 05 \0ctober Ist \Hopper4AsphaltPatchTruck.doc