2011-234s:\legal\our documents\ordinances\11Uake ray roberts-emergency purchase-protect env svcs-lst amend-mc.doc
ORDINANCE NO. 2011-234
AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT OF AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND PROTECT ENVIRONMENTAL
SERVICES, 1NC. AND THE EXPENDITURE OF FUNDS PURSUANT TO SECTION
252.022(A)(1) AND (2) OF THE TEXAS LOCAL GOVERNMENT CODE 1N THE
INTEREST OF PRESERVATION OF PROPERTY AND HEALTH AND SAFETY, WHICH
PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 252.022 of the Texas Local Government Code provides that certain
agreements that require an expenditure or payment by the City in an amount exceeding $50,000
be by competitive bids; however, where it becomes necessary for a City to act promptly to
appropriate money to preserve property and health and safety of the residents of the City,
§252.022(a)(1) and (2) of the Texas Local Government Code except these purchases from that
requirement; and
WHEREAS, the City Manager recommends to the City Council that it is necessary to
amend the previous Agreement entered into by the City and Protect Environmental Services, Inc.
on March 22, 2010 for services to the City in the amount of not-to-exceed $50,000; and
WHEREAS, the Council, after hearing the presentation of Staff, accordingly finds that
facts and circumstances now exist wherein the City may purchase goods or services without the
necessity of competitive bidding, regarding environmental issues at the Lake Ray Roberts Water
Treatment facility; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a need to preserve
property and health and safety that makes it necessary to act expeditiously to appropriate money;
and by reason thereof, the following 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:
FILE
NUMBER
:: :
VENDOR
Protect Environmental Services, Inc
AMOUNT
$250,000
SECTION 2. The City Manager or designated employee is hereby authorized to purchase
the materials, equipment, supplies or services as described in the File Number 4856 and to .
s:Uegallour documentslordinancesU lUake ray roberts-emergency purchase-protect env svcs-lst amend-mc.doc
malce payment therefore in the amounts therein stated, such purchases being in accordance with
the provisions of State law exempting such purchases by the City from the requirements of
competitive bids.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to talce any actions that may be required or permitted to be performed by the City of
Denton, Texas under the First Amendment to Environmental Services Agreement, to the City
Manager of the City of Denton, Texas, or his designee.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of �� , 2011.
' `_ f/
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MARK A. BU DU H AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
TO LEGAL FORM:
'A BURGESS, CITY ATTORNEY
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By: � ,.� �< e a �
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