2012-343oxDnvaNCE No. 2012-343
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF AN AL-JON ADVANTAGE SOOM LANDFILL
COMPACTOR IN ACCORDANCE WITH PROVISIONS OF SECTION 252.022 OF THE
LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 5133-EMERGENCY PURCHASE OF COMPACTOR FOR LANDFILL
AWARDED TO TRI COUNTY EQUIPMENT SALES L.L.C. 1N THE AMOUNT OF
$370,000).
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
File 5133 referenced herein and on file the office of the Purchasing Agent, are hereby approved:
FILE NUMBER VENDOR AMOUNT
5133 Tri County Equipment Sales L.L.C. $370,000
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.
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rASSED AND APPROVED this the � day of ��Q���� , 2012.
MA . OU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
3-ORD-Fil 33
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Denton Solid Waste Depertment
1527 S. Mayhill Rd. Denton, TX 76208 Phone (940) 349-8044 Fax (940) 349-8057 Web Site: www,cityofdenton.com
S4LID WASTE DEPARTMENT
MEMORANDUM
Date; November 13, 2012
To: Elton Brock, Purchasing Agent
From: A. Vance Kemler, General Manager — Solid Waste & Recycling Services
Subject: Emergency PuYChase of a Landfill Compactor — Statement of EmeTgel]Cy CondltlonS
On November 13, 2012, an employee of the City of Denton observed the presence of a fire in the
rear area of the city of Denton's landfill compactor and promptly radioed the machine operator.
The fire was spreading so quicicly that the operator did not have time to use the on-board fire
extinguisher, so he jumped from the machine. The Fire Department was called and promptly
responded. An on-site water tanker was used to suppress the fire but the damage to the landfill
compactor was so extensive that it was a total loss.
The city owns and operates the landfill and the entire integrated municipal solid waste
management system and is, by ordinance, the exclusive solid waste service provider for the city
of Denton. The landfill compactor is such a specialized piece of equipment that the local and
regional equipment rental fleets do not maintain them in the rental inventory. The landfill
compactor is the only machine specifically designed to operate in the waste to spread, and
compact waste to a density necessary to produce a stable mass for the application of cover
materials that can control the presence and propagation of vermin and prevent the transmission
of pathogens. In order to protect and preserve the public health and safety of the community's
residents, the emergency purchase of a replacement landfill compactor is required.
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A. Vance Kemler
General Manager, Solid Waste and Recycling Services