Ordinance No. 11,741ORDINANCt'NO. 11,741
AN ORDINANCE OF THE CITY COUNCIL OF THEE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CITY MANAGER TO NEGOTIATE AND INTER -INTER INTO AN
EMERGENCY CONTRACTIFOR WA11"RI-INE REPAIRS ATTH ESTE'R LING MUNICIPAL
LIBRARY UNDER "I AND CONDITIONS ACCE111"ABLE "TO TI IF'CIJ'Y MANAGER
AND TI II CITY ATTORNEY; AUTHORIZING PAYMENT 'l I HEREFOR IN AN AMOUNT
NOT TO EXCEED NINETY-six TI OU[SAND AND N0/100 DOLLARS ($96,000m);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFEC'I*IVI'--'DATE'1'1,11'REOF.
WHEREAS, Section 252,022 oftlicTexas Local Government Code exempts from competitive bidding
rcquirenients procurements necessary becaLI.SC Of Unforeseen damage to public machinery, equipment or other
property; and
WHERE-'AS, the City has experienced unflorescen darnage to its property necessitating emergency waterline
repairs at the Sterling Municipal Library; NOW THERI."I"ORE
BE IT ORDAINED BYJTIE CITY COUNCIL 01" "THE CITY OF BAYTOWN, TEXAS:
Section 1: Thai the City Council ofthe City offfiay-townjexas, hereby declares that unforeseen damage
has occurred necessitating tile emergency waterline repairs at the Sterling Municipal Library.
Section 2: That tile City OL11161 of tile Cit), offlaytown,Texas, hereby authorizes the City Manager to
negotiate and enter into an emergency contract for waterline repairs at the Sterling Municipal Library under terms and
conditions acceptable to the City Manager and the City Attorney.
Section 3: That tile City Council ofthe City ofBaytown,Texas, authorizes payment in an arnount not to
exceed NINETY-SIX THOUSAND AND NO/] 00 DOI...I.A RS ($96,000.00), pursuant to the agreement identified in
Section 2 hereaf.
Section 4: That pUl•SlIant to tile PrOViSiOnS Of-fexas Local Government Code: Annotated § 252.048, tile
City Manager is hereby granted general authority to approve any change order involving decrease or an increase in
costs of FIFTY 'I"FIOUSAND AND NO/] 00 DOI,.,LARS ($50,0(I0,00) or less, SL,11)jCCt to (lie provision that tile
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 ofthe contractor to such decrease.
Section 5: This ordinance shall take c5ect inunediately from and after it Passage lay the City Council of
the City of Baytown,
I NTRODUCED, REA 1) and PA SSFI'D by tile affirmative vote ofthe Ci Council of (lie City of Bay-town this
the 8"' clay of September, 2011 . /1,
APPROVED AS J'O FORM:
ACIO RAMIRFZ, SR., City A orney
SIXE11-11--N 1-1. DONCARLOS. Mayor