BAWA Resolution No. 2012-11 RESOLUTION NO. 2012-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY ESTABLISHING A PURCHASING PROCEDURE FOR THE BAYTOWN AREA
WATER AUTHORITY; DELEGATING CONTRACTING AUTHORITY TO THE GENERAL
MANAGER FOR EXPENDITURES OF FIFTY THOUSAND AND NO/100 DOLLARS
($50,000.00)AND LESS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the Board of Directors of the Baytown Area Water Authority ("BAWA") is committed to
providing opportunities for competition before making any purchase or contract for supplies, materials, equipment
or contractual services; and
WHEREAS, for construction, equipment, materials and machinery contracts, the BAWA uses the
following procedures which meet or exceed the requirements of Chapter 49, Subchapter I of the Texas Water Code;
and
WHEREAS, BAWA uses a similar procedure consistent with Chapter 252 of the Texas Local Government
Code for all other purchases,with the exception of those services exempt from such chapter; and
WHEREAS, BAWA desires to set forth and establish its purchasing procedure; and
WHEREAS, without abrogating its fiscal responsibility, the Board of Directors of BAWA desires to
delegate certain duties to the General Manager of BAWA regarding entering into certain contracts; NOW
THEREFORE
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That the Board of Directors of the Baytown Area Water Authority hereby establishes its
purchasing procedure as follows:
Contract
All contracts,except those covered by Chapter 2254 of Solicit informal written competitive bids from at least
<$25,000 the Texas Government Code,as amended,or other three bidders.
a licable law.
>$25,000 All contracts,except those covered by Chapter 2254 of Solicit written competitive bids on uniform written
and the Texas Government Code,as amended,or other specifications from at least three bidders.
<$50,000 applicable law.
Solicit competitive bids consistent with Chapter 49,
>$50,000 Contracts involving construction,equipment,materials Subchapter I of the Texas Water Code,as applicable
and machinery.
and as amended.
All contracts,except those covered by
➢ Chapter 2254 of the Texas Government Code, Solicit competitive bids/proposals consistent with
>$50,000 as amended, Chapter 252 of the Texas Local Government Code,as
➢ Subchapter I of Chapter 49 of the Texas applicable and as amended.
Water Code,as amended,or
➢ other applicable law.
Solicit requests for qualifications consistent with
Any amount Contracts for professional services Chapter 2254 of the Texas Government Code,as
applicable and as amended.
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Section 2: That the General Manager is hereby granted general authority to enter into contracts in the
name of the Baytown Area Water Authority and to determine appropriate terms and conditions therefor subject to
the following conditions:
I. the contract does not require an expenditure of more than $50,000;
2. the contract does not convey or acquire title or an interest in real property; and
3. the terms and conditions of the contract are acceptable to BAWA's General Manager and its
General Counsel.
Section 3: All resolutions or parts of resolutions inconsistent with the terms of this resolution are
hereby repeated; provided, however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this resolution shall be Cumulative of other resolutions regulating and governing the subject matter
covered by this resolution.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of
this resolution or the application of same to any person or the set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this
resolution or then- application to other persons Or Sets of Cil-CLU11stances and to this end all provisions of this
resolution are declared to be severable.
Section 5: This resolution shall take effect immediately from and after its passage by the Board of
Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED, by the all'irmitive vote of the Board ot'Direclors of the Baytown
Area Water Authority this the 17 day of October, 2012.
42EI= BRA4EY I�4 FF resident
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All
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GTICIA BKY,,$,CLL Main,Secretary
APPROVED AS TO FORM:
NACIOR MIREZI�SRCen I Counsel
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