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1982-055 0046L AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF DENTON EY ADDING THERETO A NEW ARTICLE III PROVIDING FOR PURCHASING PROCEDURES, AUTHORIZING THE EXPENDITURE OF FUNDS FOR ALL BUDGETED ITEMS NOT EXCEEDING THREE THOUSAND DOLLARS ($3,000 00) BY THE CITY MANAGER, PROVIDING FOR ALL CONTRACTS CALLING FOR THE EXPENDITURE OF THREE THOUSAND DOLLARS ($3,000 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 Chapter 2 of the Code of the City of Denton, Texas is hereby amended by adding thereto a new Article III reading as follows ARTICLE III PURCHASING Section 2-31 Purchases (a) The Purchasing Agent shall make all purchases and sales for the City in accordance with the provisions of State Law, the Charter, and in accordance with this Chapter (b) The Purchasing Agent shall have full authority to purchase or provide for the purchase of all materials, supplies and equipment for the use of all departments, commissions and boards comprising the city government Section 2-32 Requisitions for Supplies (a) Supplies required by any department may be furnished upon requisition from the stores under the control of the Purchasing Agent, and whenever so furnished shall be paid for by the requisitioning department by appropriate transfer of funds to the credit of the stores account of the Purchasing Office (b) The Purchasing Agent shall not furnish any supplies to any department unless there is to the credit of such department an available appropriation balance in excess of all unpaid obligations sufficient to pay such supplies Section 2-33 Emergency Purchases (a) Unless authorized by this Code, no purchase of any article, service or thing shall be made by any department head or employee of the City independently of the Purchasing Agent, except in ~ase of immediate emergency occurlng when the Purchasing Office is not open for the conduct of business (b) In such instances, the department head may make the necessary emergency purchase and shall report the same in writing to the Purchasing Agent within twenty-four (24) hours, accompanied by a definite statement of the occasion and reasons for such emergency purchase to the Purchasing Agent (c) If the emergency purchase Involves an amount exceeding Five Hundred Dollars ($500 00), the report shall be submitted to the Director of Finance and the City Manager for approval of payment Section 2-34 Emergency Purchase by Purchasing Agent (a) Should an emergenoy arise in any department requiring the immediate purchase of an article, service or thing involving an expenditure of Three Thousand Dollars ($3,000 00) or less, the department head shall immediately report the emergency to the Purahasing 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 Five ~undred Dollars ($500 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 Five Hundred Dollars ($500 00) and Three Thousand Dollars ($3,000 00) shall be made by the Purchasing Agent, after giving reasonable notice and opportunity for competitive bidding, by soliciting verbally, by telephone, by telegraph or letter as he may determine, not less than three (3) proposals, in the event that three (3) independent vendors ae available, and if less than three (3) vendors are available, then the Purchasing Agent shall secure such bids as will, in his 3udgment, insure that the C~ty ~s 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 speclflcatlons 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 shall have the authority to award purchases ~n an amount between Five Hundred Dollars ($500 00) and Three Thousand Dollars ($3,000 00) to the lowest and best bidder with the approval of the City Manager The Clty Manager shall have authority to authorize expenditures w~thout the approval of the City Council for all budgeted ltems not exceeding Three Thousand Dollars ($3,000 00) Section 2-36 Purchases over Three Thousand Dollars Ail purchases of Three Thousand Dollars ($3,000 00) or more, lncluding those for current budgeted supplies and expendltures, shall be made by the Purchasing Agent in response to sealed bids received by h~m and based upon specifications therefore approved by the City Manager, the original of which shall be f~led in the Purchasing Off,ce for use and inspection by the public The notice ~nv~tlng bids on any article, service or thing, together with the specificat~ons, 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 invitat~ons to bid on sald bulletin board, the Purchasing Agent shall send out invitations to bidders by letter, telephone or telegraph, and he shall cause such 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 b~d 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 Three Thousand Dollars ($3,000.00) shall be approved by the City Council, and the City Council may accept the lowest and best b~d, or may reject all of the blds 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 th~s 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 Three Thousand Dollars ($3,000 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 Three Thousand Dollars ($3,000 00) or less, may be authorized by the City Manager without the approval of the C~ty Council All contracts for personal or professional services calling for an expenditure of more than Three Thousand Dollars ($3,000 00) must be submitted to the City Council for approval (b) All contracts for personal or professional services of Three Thousand Dollars ($3,000.00) or less shall be on form contracts prepared and approved by the City Attorney (c) All contracts for personal or professional services of Three Thousand Dollars ($3,000 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 Ail provisions of any ordinance of the City of Denton or provisions of the Code of Ordinances in conflict herewith are hereby repealed SECTION III Th~s ordinance shall become effective from and after its date of passage, and it ~s so ordained PASSED AND APPROVED this the 13th day of ~ly, 1982 C ARD 0 ; TEWAR MAYOR- U CIT~ OF DF~RTON, TEXAS ATTEST CHARLOTTE -ALLEN, CITY ~CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FO~ C J TAYLOR, JR , CITY ATTO~EY CITY OF DENTON, TEXAS