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2008-085s:\our documents\ordinances\OS\dme cable purchase reaward.doc ORDINANCE NO. 2008- OgJ~ AN ORDINANCE OF THE CITY COUNCIL REPEA LING ORDINANCE NO. 2008-057; AWARDING A PURCHASE FOR PRIMARY AND SECONDARY FSULATED ELECTRIC DISTRIBUTION CABLES FOR THE CITY OF DENTON, TEXAS (DENTON MUNICIPAL ELECTRIC); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE No. 3623-INTERLOCAL AGREEMENT FOR PURCHASE OF PRIMARY AND SECONDARY INSULATED ELECTRIC DISTRIBUTION CABLES WITH THE LOWER COLORADO RIVER AUTHORITY (LCRA) AWARDED TO TECHLINE, INC., IN THE ESTIMATED AMOUNT OF $2,205,840). WHEREAS, on March 4, 2008 the City Council adopted Ordinance No. 2008-057 accepting and approving, inter olio, the bid of Techline, Inc. (Bid No. 3941) as being the lowest responsible bid; and WHEREAS, due to circumstances beyond the control of Techline, Inc. and City, Techline,Inc.. is unable to comply with the terms of the said bid award and supply the specified primary and secondary electric distribution cables at the prices bid; and WHEREAS, on December 12, 2006 the City Council adopted Ordinance No. 2006-334 accepting competitive bids by way of an "Interlocal Cooperative Purchasing Program Participation Agreement" (the "Agreement") with the Lower Colorado River Authority (LCRA) under Section 271.102 of the Texas Local Government Code for the purchase of the specified electric distribution cables; and WHEREAS, Techline, Inc. pursuant to the said Interlocal Cooperative Purchasing Program Participation Agreement with LCRA is to supply the specified electric distribution cables at the prices bid; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations stated in the preamble of this Ordinance are incorporated by reference as a part of this Ordinance. s:\our documents\ordinances\OS\dme cable purchase reaward.doc SECTION 2. Section 1 of Ordinance 2008-057, is hereby repealed. SECTION 3. The City Manager, or his designee is hereby authorized to purchase electric distribution cables in the estimated amount of $2,205,840 from Techline, Inc. under competitive bids received by the Lower Colorado River Authority in accordance with an "Interlocal Cooperative Purchasing Program Participation Agreement" under Section 271.102 of the Texas Local Government Code, which Agreement is on file in the office of the Purchasing Agent. SECTION 4. The City Manager, or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. f~ PASSED AND APPROVED this ~b =-=day of ~,[~jj~~ , 2008. PERK . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: