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23-585 - 8180 - Ordinance ExecutedORDINANCE NO. 23-585 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH ANDRITZ SEPARATION INC., FOR THE PURCHASE OF ONE (1) REFURBISHEDBELT PRESS AS A REPLACEMENT AT THE PECAN CREEK WATER RECLAMATIONPLANT FOR THE WATER RECLAMATION DEPARTMENT, WHICH IS THE SOLEPROVIDER OF THIS COMMODITY, IN ACCORDANCE WITH TEXAS LOCALGOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OFCOMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE SOURCE AREEXEMPT FROM COMPETITIVE BIDDING, AND IF OVER $50,000, SHALL BEAWARDED BY THE GOVERNING BODY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 8180 – AWARDED TO ANDRITZ SEPARATION INC., IN THE NOT-TO-EXCEED AMOUNT OF $278,500.00). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only available from onesource because of patents, copyrights, secret processes, or natural monopolies; films, manuscripts, or books; electricity, gas, water, and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are availableonly from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, this procurement was undertaken as part of the City’s governmental function [Water and sewer service] ; and WHEREAS, the City Council wishes to procure one or more of the items mentioned inthe above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the “File” listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILENUMBER VENDOR AMOUNT 8180 Andritz Separation Inc.$278,500.00 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including items that are only available from one source because of patents, copyrights, secret processes, or naturalmonopolies; films, manuscripts, or books; electricity, gas, water, and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager, or their designee, is hereby authorized to execute the contract relating to the items specified in Section 1, attached hereto, and the expenditure of funds pursuant to said contract is hereby authorized. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Jr ssc 'I}„, B and seconded by (_\~, ;j ( , ),_H s . This ordinance=®ecd bythe following vote K - a : Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 : Brian Beck. District 2:Jesse Davis, District 3 : VACANT, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: ,//\/ T-7- PASSED AND APPROVED thi, th, a 1 s* d,y ,f f'l„( Lk _, 2023. mMiFF03mFaA–fM ATTEST: ROSA RIOS, CITY SECRETARY b\ \t 11111111 APPROVED AS TO LEGAL FORM: MACK REINW AND, CITY ATTORNEY Digitally signed by MarcellaLunnDN: cn=Marcelta Lunn. o. A enton.com, c=US Date: 2023.02.24 1 3:41 :15 -06'OO' IH€b ::,iS!=r:)SEtF,-i„@dty,fdBY:–\N,bvcdL£\