Ordinance No. 10,603ORDINANCE NO. 10,603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING PAYMENT TO SMEAL FIRE APPARATUS CO. IN AN AMOUNT
NOT TO EXCEED FORTY-FIVE THOUSAND AND NO/100 DOLLARS
(545,000.00) FOR REPAIRS TO SHOP 16"S AERIAL LADDER; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, in March of 2007, during an annual in-service ladder testing, Shop 16 failed to pass
the aerial ladder portion of the service test; and
WHEREAS, this damage was unforeseen and has placed a vital piece of fire department
equipment out of service; and
WHEREAS, Shop 16 is a 1993 Smeal 75 ft. Quint and is used as a reserve ladder; and
WHEREAS, the repairs to Shop 16 are vital to preserve and protect the public health and safety
of the residents of the City, for should Ladder 1 be taken out of service for mechanical repairs, Shop 16 is
the replacement.
WHEREAS, Texas Local Government Code Annotated § 252.022 provides that when a
procurement is necessary to preserve or protect the public health or safety of the city's residents or when a
procurement is necessary because of unforeseen damage to public machinery or equipment, the
requirement for competitive bids is not applicable; and
WHEREAS, based upon the unforeseeable repairs to Shop 16 and the necessity of such repairs
for the preservation of the public health and safety of the citizens of Baytown, the repairs authorized
herein are exempt from the competitive bidding requirements of Chapter 252 of the Texas Local
Government Code; 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
by the City Council of the City of Baytown, Texas.
Section 2: That the City Council hereby authorizes payment to Smeal Fire Apparatus Co. in
an amount not to exceed FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00) for
repairs to Shop 16's aerial ladder.
Section 3: This ordinance shall take effect immediately^rom and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative y6te\o( the City Council of the City of
Bayto^aHrnTtnTTO1? day of May, 2007.
STpHEN~H.~DONCARLOS, Mayor
LORfcrCOODY, Oity Clerk
APPROVED AS TO FORM:
JACIO RAMIREZ, SR., OitV Attorney R:\Karen\FilcsCnyCouncil\Ordinanccs\2007SO^ IO\Rcpairofl-adderTnick.doc