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8086 - draft ordinance - no contract ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, RATIFYING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER FOR THE EMERGENCY REPAIRS TO THE DEC STARTING AIR COMPRESSOR THAT SUSTAINED CATASTROPHIC FAILURE, AND FOR EQUIPMENT RENTAL WHILE AWAITING REPLACEMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 8086 – AWARDED TO MS AIR, INC., AND TEXAS FIRST RENTALS, INC., IN THE NOT-TO-EXCEED AMOUNT OF $225,384.48). WHEREAS, state law and city policy requires that certain contracts requiring an expenditure or payment by the city in an amount exceeding $50,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery, or equipment, or where the procurement is necessary to preserve or protect the public health or safety of the city’s residents under Section 252 of the Local Government Code; and WHEREAS, the City Manager has recommended to the City Council that it is necessary to ratify the purchase goods or services due to the following emergency conditions outlined in the memorandum referenced herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery, or equipment, or to preserve or protect the public health or safety of the city’s residents, and by reason thereof, the following emergency purchases of materials, equipment, supplies, or services, as described in the “Declaration of Emergency Memorandum” referenced herein and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 8086 MS AIR, Inc. $201,384.48 8086 Texas First Rentals, Inc $24,000.00 SECTION 2. Because of such emergency, the City Manager, or a designated employee, is hereby authorized to purchase the materials, equipment, supplies, or services as described in the Memorandum on file in the office of the Purchasing Agent, and to make payment therefore in the amounts therein stated. Such emergency purchases, being in accordance with the provisions of state law, exempt such purchases by the city from the requirements of competitive bids. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________. This ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: _____ _____ _____ _____ Vicki Byrd, District 1: _____ _____ _____ _____ Brian Beck, District 2: _____ _____ _____ _____ Jesse Davis, District 3: _____ _____ _____ _____ Alison Maguire, District 4: _____ _____ _____ _____ Brandon Chase Mcgee, At Large Place 5: _____ _____ _____ _____ Chris Watts, At Large Place 6: _____ _____ _____ _____ PASSED AND APPROVED this the _______ day of ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________