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2007-015 "lIIIIII ORDINANCE NO. 2 0 0 1- (J /1) AN ORDINANCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITNE BIDDING AND AWARDING A CONTRACT FOR PURCHASE OF A CATAPILLAR MODEL 345 BL HYDRAULIC EXCAVATOR MA-2 FROM THE CITY OF BROWNWOOD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTNE DATE (FILE 3704 PURCHASE OF HYDRAULIC EXCAVATOR AWARDED TO THE CITY OF BROWNWOOD, TEXAS IN THE AMOUNT OF $155,000). WHEREAS, the City of Denton is desirous of purchasing a Caterpillar Model 345 BL excavator from the City of Brownwood, Texas, a political subdivision ofthe State of Texas; and WHEREAS, this purchase is exempt from competitive bidding requirements under Section 252.022 (12)(C) ofthe Local Government Code; 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 findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The numbered items in the following numbered proposal for materials, equipment, supplies, or services, shown in the "Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being in the best interests of the City of Denton for purchasing: FILE NUMBER VENDOR AMOUNT 3704 City of Brownwood $155,000 SECTION 3. By the acceptance and approval of the above numbered items set of the submitted proposal, the City accepts the offer of the persons submitting the proposal for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal, and related documents. SECTION 4. Should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. ' SECTION 5. By the acceptance and approval ofthe above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein. . SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ;2cl - 23- day of ,-Jiltlll fIn/ 2007. ;01:b ~~ PERRY R. McNEILL, YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY: BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY .~ BY: ~~ . , 3-0~ - .