2008-168ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF SODIUM HYDROXIDE IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, state law requires that certain contracts requiring an expenditure or payment
by the City in an amount exceeding $50,000 be by competitive bids, except for certain exempt
purchases as set forth in Sections 252.022 of the Local Government Code; and
WHEREAS, sodium hydroxide is an essential component of the process of purifying the
City's public water supply; and
WHEREAS, the City Manager has recommended to the City Council an unforeseen
shortfall in the supply of sodium hydroxide, as more fully outlined in the file of the office of the
City's Purchasing Agent which is incorporated herein by reference, constitutes a continuing
public calamity that requires the immediate appropriation of money to relieve the necessity of the
city's residents and further requires a continuing procurement necessary to preserve or protect
the public health or safety of the city's residents and is in compliance with the requirements of
Subsections 252.022 (a)(1) and 252.022 (a)(2) of the Local Government Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that this procurement is necessary
because of a continuing public calamity and emergency brought about by an unforeseen increase
in demand of sodium hydroxide, and 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:
SECTION 2. Because of such public calamity and 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 such continuing procurements
of sodium hydroxide as are required to relieve the necessity of the city's residents or to preserve
or protect the public health or safety of the city's residents, in an amount not to exceed
$250,000.00, 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 day of , 2008.
MARk A. _ O . G OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY:
Emerg urchase Caustic oda
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