2005-038AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A USED BACK-UP DIESEL POWERED PORTABLE GENERATOR TO BE
UTILIZED BY THE WASTEWATER DEPARTMENT IN THE EVENT OF A LOSS OF
ELECTRIC POWER IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASE FROM THE REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 3294-PURCHASE OF
EMERGENCY GENERATOR FOR WASTEWATER FACILITIES AWARDED TO
AMERICAN GENERATORS IN THE AMOUNT OF $47,500).
WHEREAS, state law requires that certain purchases or procurements related to an
expenditure by the City for equipment in an amount exceeding $25,000 be by competitive bids,
except for certain exempt purchases as are specifically set forth in §252.022 of the Texas Local
Government Code; and
WHEREAS, the Public Utilities Board has considered the procurement of this equipment
and has unanimously recommended approval of same to the City Council, at its meeting of
January 10, 2005; and
WHEREAS, the Rules of the Texas Commission on Environmental Quality ("TCEQ")
require a dual source of power to the City's wastewater facilities, and said procurement will
provide the City with the ability to comply with those rules; that serious public health issues and
concerns could arise were the Cooper Creek Lift Station to have a loss of electric power, which
dictates having a fast and efficient back-up source of power powered by diesel energy, standing
by to assure only minimal disruption of operations at that facility; further, having a portable
back-up generator standing by could conceivably benefit other wastewater facilities in the City in
the event of a loss of electric power as well; the acquisition further makes the City more prepared
for and less vulnerable to Homeland Security Issues dealing with the sudden unexpected
disruption of necessary basic wastewater facilities; and said acquisition is in the best interests of
the residents of the City; and
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase equipment in order to preserve or protect the public health of the residents of the
City; and which procurement is in compliance with the requirements of §252.022 (a)(2) of the
Texas Local Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that the £mdings set forth above in the
"Whereas" paragraphs hereinabove shall be incorporated by reference as a part of this ordinance;
and that this procurement is necessary because~ of the need of the City to preserve or protect the
public health of the residents of the City; and hereby authorizes the purchase of equipment, as
described in the "File Number" referenced herein and on file the office of the Purchasing Agent,
is hereby approved:
FILE
NUMBER VENDOR AMOUNT
AMERICAN GENERATORS
3294 $47,50O
SECTION 2. Because of the circumstances referenced hereinabove, dealing with the
preservation or protection of the public health of the residents of the City, the City Manager or
the designated employee is hereby authorized to purchase the equipment, as described in File
3294 and to make payment therefore in the amounts therein stated, such purchases being in
accordance with the provisions of state law exempting such purchases by the City fi:om 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 J~,~~ ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY,
By: ~
3-ORD-File 3294
CIT~ ATTORNEY
S:\Our Doeuments\Ordinances\05LPurchase Ordinance-Used Generator-Wastewater-011205.doc