2010-098ORDINANCE NO. 2010-098
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF GASOLINE AND DIESEL FUEL IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 4496-EMERGENCY PURCHASE OF GASOLINE AND DIESEL FUEL TO
MARTIN EAGLE OIL CO. IN THE ESTIMATED AMOUNT OF $426,000).
WHEREAS, state law and ordinance require 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 purchase goods or services due to the following emergency conditions outlined in the
memorandum attached hereto, incorporated herein by reference; 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
"Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby
approved:
ESTIMATED
FILE NUMBER VENDOR AMOUNT
4496 Martin Eagle Oil Co. $426,000
SECTION 2. Because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~j94 day of , 2010.
MARK A. BU UG , MAYbR'
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Q
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
fT
BY: c
3-0R -Fil 496
<IV L
OFENTON
MATERIALS MANAGEMENT DIVISION • 901-B TEXAS STREET • DENTON, TEXAS 76209
940.349.7100 • FAX 940.349.7302
MEMORANDUM
TO: George Campbell, City Manager
FROM: Tom Shaw, Purchasing Agent
DATE: April 7, 2010
SUBJECT: Emergency Purchase of Fuel
On February 22, 2010, the City of Denton was made aware that the City of Fort Worth had allowed the fuel contract
utilized by thirty one area entities to lapse effective March 1, 2010. Tarrant County agreed to become the lead entity
and rebid the fuel contract for all cooperative members. The new contract was awarded by Tarrant County
Commissioners Court on April 6, 2010. The City of Denton chose to join the cooperative agreement with Tarrant
County to take advantage of the approximate 10 million gallon fuel volume contract. Fuel acquisition during the
interim time period of March 1 through April 20, 2010 which is estimated at $426,000 has been declared an
emergency.
"Dedicated to Quality and Service"
www.cityofdenton.com