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1985-1890046L NO /89 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF DENTON PROVIDING FOR PURCHASING PROCEDURES, AUTHORIZING THE EXPENDITURE OF FUNDS FOR ALL BUDGETED ITEMS NOT EXCEEDING TEN THOUSAND DOLLARS ($10,000 00) BY THE CITY MANAGER, PROVIDING FOR ALL CONTRACTS CALLING FOR THE EXPENDITURE OF TEN THOUSAND DOLLARS ($10,000 00) OR MORE TO BE APPROVED BY THE CITY COUNCIL, REPEALING ALL ORDINANCES IN CONFLICT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That Sections 2-34, 2-35, 2-36, 2-37 and 2-38 of Article III of Chapter 2 of the Code of the City of Denton, Texas are hereby amended so that hereafter said Sections shall be and read as follows Section 2-34 Emergency Purchase by Purchasing Agent (a) Should an emergency arise in any department requiring the immediate purchase of an article, service or thing involving an expenditure of Ten Thousand Dollars ($10,000 00) or less, the department head shall immediately report the emergency to the Purchasing Agent, who with the approval of the City Manager, may immediately solicit bids by telephone or otherwise and award such order to the lowest and best bidder for immediate delivery Section 2-35 Purchases Based on Value-Procedures (a) No standard procedure shall be required for purchases under one Thousand Dollars ($1,000 00), in value, provided however, the Purchasing Agent shall in all cases reasonably satisfy himself in every instant that such purchases are made at the lowest possible evaluated cost to the City The Purchasing Agent may authorize all department heads to make purchases under Fifty Dollars ($50 00) (b) All purchases in an amount between one Thousand Dollars ($1,000 00) and Ten Thousand Dollars ($10,000 00) shall be made by the Purchasing Agent, after giving reasonable notice and opportunity for competitive bidding, by soliciting verbally, by PAGE 1 telephone, by telegraph or letter as he may determine, not less than three (3) proposals, in the event that three (3) independent vendors are available, and if less than three (3) vendors are available, then the Purchasing Agent shall secure such bids as will, in his judgment, insure that the City is purchasing the article, service or thing desired to be purchased at the lowest possible evaluated cost to the City In the event that there are no standard specifications for the article, service or thing to be purchased, the Purchasing Agent shall prepare specification, where practical, subject to the approval of the City Manager The Purchasing Agent snall have the authority to award purchases in an amount between One Thousand Dollars ($1,000 00) and Ten Thousand Dollars ($10,000 00) to the lowest and best bidder with the approval of the City Manager The City Manager shall have authority to authorize expenditures without the approval of the City Council for all budgeted items not exceeding Ten Thousand Dollars ($10,000 00) Section 2-36 Purchases over Ten Thousand Dollars All purchases of Ten Thousand Dollars ($10,000 00) or more, including those for current budgeted supplies and expenditures, shall be made by the Purchasing Agent in response to sealed bids received by him and based upon specifications therefore approved by the City Manager, the original of which shall be filed in the Purchasing Office for use and inspection by the public The notice inviting bids on any article, service or thing, together with the specifications, shall be posted on a bulletin board provided for that purpose outside of the Purchasing Office and in the Municipal Building of the City In addition to posting the invitations to bid on said bulletin board, the Purchasing Agent shall send out invitations to bidders by letter, telephone or telegraph, and he shall cause such PAGE 2 invitation to bid to be published in the official newspaper of the City not less than two (2) times The invitation for competitive bids shall fix a definite date for which the bid will be opened which shall not be less than seven (7) days from the date of the second publication of such invitation in the official newspaper of the City The sealed bids shall be received in the Office of the Purchasing Agent and opened by him at the advertised time, and the Purchasing Agent shall tabulate the bids and make a recommendation to the City Manager as to the lowest and best bid All expenditures of more than Ten Thousand Dollars ($10,000 00) shall be approved by the City Council, and the City Council may accept the lowest and best bid, or may reject all of the bids and authorize the Purchasing Agent to readvertise if none of the bids are satisfactory in the opinion of the Council All invitations to bidders shall state that the City reserves the right to reject any and all bids Purchases, as used herein, does not include the personal services Section 2-37 Purchases from Bond Funds (a) The procedures specified in this Chapter for purchases shall be followed for all purchases, regardless of amount, involving contracts for the purchase of annual requirements and purchases from bond funds, and all procedures for purchases of more than Ten Thousand Dollars ($10,000 00) shall be governed by the Laws of the State of Texas relating thereto, the Charter and Code of the City of Denton. Section 2-38 Personal Service Contracts (a) All contracts for personal or professional services calling for an expenditure of Ten Thousand Dollars ($10,000 00) or less, may be authorized by the City Manager without the approval of the City Council All contracts for personal or professional PAGE 3 services calling for an expenditure of more than Ten Thousand Dollars ($10,000 00) must be submitted to the City Council for approval (b) All contracts for personal or professional services of Ten Thousand Dollars ($10,000 00) or less shall be on form contracts or contracts prepared and approved by the City Attorney (c) All contracts for personal or professional services of Ten Thousand Dollars ($10,000 00) or more shall be prepared by the City Attorney or approved by the City Attorney if prepared by someone other than the City Attorney SECTION II All provisions of any ordinance of the City of Denton or provisions of the Code of ordinances in conflict herewith are hereby repealed SECTION III This ordinance shall become effective from and after its date of passage, and it is so ordained PASSED AND APPROVED this the tz day of OF ATTEST -%M&,D CRLOT L EN, CITY SECRETA Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY /,444 4 2Jf,;rAC l/ , TEXAS 1985 PAGE 4