Item 4F Memo Item 4F
Page 1 of 4
M E M O R A N D U M
(February 5, 2019)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Authorize expenditures with Wachs Water Services (Wachs), a
Division of Pure Technologies U.S., Inc. for the annual Water
Valve Assessment Program and for leak detection services in
an amount not to exceed $100,000
Action
Requested: Authorize expenditures with Wachs Water Services (Wachs), a
Division of Pure Technologies U.S., Inc. for the annual Water Valve
Assessment Program and for leak detection services in an amount
not to exceed $100,000.
Background
Information: Since FY 2017, the City has contracted with Wachs, a Division of
Pure Technologies U.S., Inc. to perform an annual Water Valve
Assessment Program. The purpose of assessing the condition of
City water valves is for emergency preparedness to ensure their
proper operation in the event of possible crisis. Being able to
quickly locate and operate water valves allows Public Works to
isolate and shut off the flow of water in a particular pipe segment
that may otherwise cause flooding and property damage during
emergency.
The program is a comprehensive endeavor that confirms valve and
hydrant location as compared to the City’s GIS database,
operability and leak assessment. In addition, a preliminary leak
survey is performed at each valve to minimize water loss.
The City of Southlake has over 7,350 water valves of which 4,510
are in-line water valves. The City also has approximately 3,000 fire
hydrants in the water distribution system. The FY 2019 Water Valve
Assessment Program will be completed in two phases targeting the
Raintree Drive and Shady Lane area (Area #1), as recommended
per the 2017 Water Quality Evaluation.
Item 4F
Page 2 of 4
The first phase will include the evaluation of 300 valves prior to
beginning Phase 2 – unidirectional flushing in Area #1. The
purpose of assessing the condition of City water valves is to
validate operational functionality and correct any deficiencies prior
to commencement of flushing.
Phase 2 – unidirectional flushing, will consist of strategically closing
valves and flushing specific fire hydrants to create friction between
the water and interior of the water line. This friction helps to
improve water quality.
Financial
Considerations: To date in FY 2019, $42,000 have been encumbered for Phase 1 of
the Water Valve Assessment Program and leak detection services
to help assess and locate the leak at the Alta Vista water
transmission main. Both services were authorized by the City
Manager’s Office per the Local Government Code (LGC) Chapter
252, Section 252.022 (highlighted in Attachment E).
With the addition of Phase 2 of the Water Valve Assessment
Program, expenditures with Wachs exceed the threshold in
purchasing and require Council authorization. The table below
itemizes services performed by Wachs in FY 2019.
FY 2019 Expenditures –
Wachs Water Services Cost
Water Valve Assessment Program – Phase 1 $ 22,500
Leak detection services using correlators of 30-
inch water transmission main leak @ Alta Vista $ 3,000
Leak detection services using sonar technology of
the 30-inch water transmission main leak @ Alta
Vista
$ 16,500
Total-to-date $ 42,000
Water Valve Assessment Program – Phase 2 $ 27,350
Contingency for Emergency Repairs $ 30,650
Total Expected Expenditures $100,000
Item 4F
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The City also requires the services of Wachs for leak detection
services on emergency repairs such as the shared Southlake and
Keller 36”/30” Alta Vista water transmission main. Wachs has
technology that allows for pinpointing leaks. In cases of emergency
repairs, like the Alta Vista leak, that requires immediate action to
resolve, Wachs can assist in expediting said repairs on critical
infrastructure.
Therefore, Staff is seeking authorization of future expenditures up
to $100,000 for the remainder of the year, should there be another
emergency repair that requires leak detection services that can be
performed by Wachs.
Funding for these professional services is budgeted in the FY 2019
Public Works Water Division Operating Budget.
Strategic Link: This item relates to the City’s strategy map focus areas of Safety &
Security and Infrastructure. It specifically relates to the City’s
Corporate Objectives of (C1) achieve the highest standards of
safety & security and (F2) invest to provide & maintain high quality
public assets.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may authorize or deny this contract.
Supporting
Documents: Attachment A – Executed Proposal for Valve Assessment Prior to
Unidirectional / Conventional Flushing Program (Phase II)
Attachment B – Proposal for Phase II – Unidirectional /
Conventional Flushing
Attachment C – Proposal for Leak Detection Services using
Correlators
Attachment D – Proposal for Leak Detection Services using Sahara
Technology
Attachment E – Local Government Code Chapter 252, Section
252.022
Item 4F
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Staff
Recommendation: Authorize expenditures with Wachs Water Services (Wachs), a
Division of Pure Technologies U.S., Inc. for the annual Water Valve
Assessment Program and for leak detection services in an amount
not to exceed $100,000.
Staff Contact: Rob Cohen, Director of Public Works
Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works
Wachs Water Services | 8920 State Route 108, Suite D | Columbia, MD USA 21045 | Tel: +1 (800) 525-5821
wachsws.com
October 14, 2018
Kyle Flanagan
City of Southlake
1950 E. Continental
Southlake, TX 76092
Subject: Phase II - Unidirectional / Conventional Flushing Following Valve Assessments
Kyle,
The City of Southlake, TX is experiencing water quality / water aging issues in three distinct
regions of the City’s Water Distribution System. Specifically, the areas that are impacted are:
1.Raintree & Shady Lane
2.Southridge Lakes & Shady Oaks
3.Northeast
To remedy this situation, a Unidirectional Flushing (UDF) / Conventional Flushing Program is
proposed to turn the areas’ water over and improve the aged water condition.
As you requested, Wachs Water Services (WACHS) is pleased to submit our proposal to the City
of Southlake (CLIENT) for unidirectional / conventional flushing services following valve
assessments in the CLIENT’s distribution system. We believe that our experience performing
similar services successfully in more than 300 utilities, uniquely qualifies the Wachs Water
Services team as the most experienced and the right choice to deliver these important services to
the CLIENT. Wachs Water Services submits the following information regarding our company:
Company Name: Pure Technologies US Inc. dba Wachs Water Services
Company Tax ID No: 86-0853190
Local Address: 8708 South Congress, Suite A-150, Austin, TX
Wachs Water Services stands ready to perform the services outlined in Attachment B. We are
confident that we will deliver the successful completion of the work and we want to thank you for
the opportunity to submit our proposal on this very important project, and we look forward to a
favorable decision on behalf of Wachs Water Services . The pricing breakdown is outlined in
Attachment A.
We look forward to providing our valve assessments and unidirectional flushing services. Please
advise if you have any questions regarding this proposal and scope.
Sincerely,
W. Clayton Coe
Business Development Manager
972.795.2572
clayton.coe@xyleminc.com
ATTACHMENT A - PRICING
VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES
2
Attachment A – Pricing
Scope of Work Quantity Unit Price Total
Mobilization 1 Included in Unit Pricing
Flushing Sequences 79 $250 $19,750
Flushing Sequences Design 1 $7,600 $7,600
Total $27,350
ATTACHMENT B - SCOPE OF SERVICES
VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES
3
Attachment B – Scope of Services
GENERAL
Program Description
Wachs Water Services desires to initiate this professional services agreement for the execution of
a UDF / Conventional Flushing Services Program following Valve Assessments which serves
three primary purposes:
To evaluate and improve the operability of valves in the water distribution system through
hands on field activities.
To document, integrate and analyze location, operational and physical information of
valves in the water distribution system through professional services activities.
To provide UDF / Conventional Flushing sequence planning and execution services
utilizing Wachs Water Services designed sequences .
This program will execute 79 pre-planned sequences following assess ment of approximately 300
assets in the CLIENT’s distribution system (in the areas previously identified) WACHS will
analyze the results of the program and deliver a summary and final asset report to the CLIENT.
The results of this program wil l be used to evaluate the value of a system wide program.
SPECIFIC FUNCTIONS OF WACHS WATER SERVICES
Access Valves
The valve cover shall be removed by WACHS in order to access the valve. If, after attempting to
remove the valve cover, it is clear that the cover is “stuck” the cover will be broken, the valve
accessed and the cover replaced. Covers will be provided by the CLIENT.
Access Hydrants
It is assumed that WACHS will access and operate all applicable hydrants to fulfill the planned
sequences .
Operational Testing
WACHS will be required to operate all valve assets – fully exercising them while making
numerous observations about the condition, operability and functionality of each asset.
Observations are to be meticulously documented electronica lly while linking them directly to earth
coordinates via GPS. WACHS will operate under the guidelines set forth in this agreement. Due
to the potential condition or deterioration of assets that may or may not have been maintained,
WACHS will not be held liable for any assets that fail or break or the consequences of such
failures during the operating procedures due to pre-existing conditions. Any assets that fail or
break during operation will be repaired or replaced by the utility.
UNIDIRECTIONAL / CONVENTIONAL FLUSHING EXECUTION SCOPE
Pre Survey Consultation
WACHS will meet with CLIENT staff to discuss system data mapping, plan and design UDF
sequences .
Public Notification
WACHS will communicate in advance to all affected customers prior to UDF flushing activities.
WACHS will post signage alerting customers that UDF is being performed.
ATTACHMENT B - SCOPE OF SERVICES
VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES
4
Flushing Activities
WACHS will conduct flushing activities for designated sequences. Th ese documents will identify
hydrants and valves to be operated in addition to flushed pipe. Assets are depicted graphically
on map documents where expected flows, flushing time and expected pressures are listed. Any
deviation from the expected will requi re immediate notification.
Each crew consisting of a minimum of two workers shall be equipped with a minimum of 1 vehicle
containing necessary equipment to complete flushing activities. WACHS will provide completion
maps to the CLIENT at project end. If low pressure is experienced during flushing activities,
WACHS will notify the CLIENT.
Flushing Procedure
Locate zone, review sequence maps and identify target hydrants and valves
Start sequence
Close target valves
Slowly open the target hydrant (Should not fall below 20 psi)
Allow water to run for the specified length of time as designed. If the water fails to clear
during the specified length of time as designed. Any time beyond that will be charged at
the hourly crew rate.
Note characteristics of the water (i.e. color and particles – intensity and time required to
flow clear)
Slowly close target hydrant
Open target valves in preparation for the next sequence
Blow off all dead ends / indicated piping and move to the next sequence
Repeat steps until all sequences in zone are complete
ADDITIONAL PROGRAM OBJECTIVES
GIS QA / QC Plan
WACHS has a QA/QC plan which has quality checkpoints throughout the program lifecycle. At
the program start up WACHS will describe and review our methods for developing mapping grade
horizontal accuracy and accurate attribute data with the CLIENT.
Work Orders
WACHS will create work orders for all required repairs that are needed in order to bring the
valves in the system up to 100% operability. These work orders will be captured and managed in
a database to be provided by WACHS. Work orders will specifically note the discrepancy of the
valve and the repair activity required to return the valve to full operability. Work orders will
contain the following information:
Valve or Hydrant ID
Map number
Specific valve or hydrant discrepancy (category and details)
Specific repair activity required to return the valve or hydrant to full operability
Scheduling
WACHS will propose an overall schedule of work to be approved by the CLIENT. The CLIENT
shall approve the work schedule before allowing WACHS to proceed.
ATTACHMENT B - SCOPE OF SERVICES
VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES
5
Safety
WACHS will abide by all OSHA safety regulations in the fulfillment of this scope of services.
WACHS shall provide all traffic control services necessary to ensure a safe working environment
for the fulfillment of the contract. As a requirement to perform this scope of work safely,
each truck crew will have a minimum of two (2) crew members. All work vehicles will be
equipped with amber warning lights, strobe lights, directional arrow board lights, communications
equipment and will clearly identify WACHS. If necessary, WACHS will switch to night time
operations if traffic control and safety become a factor in the completion of services.
Professionalism
WACHS will ensure that all activities are conducted in a professional manner. At a minimum
WACHS will ensure all personnel are in an approved uniform; all field equipment is maintained
clean and neat; all trucks are clearly identified with WACHS’s name and contact phone number
and written procedures for field operations and information management processes are contained
within the vehicle in an operations manual.
DELIVERABLES
Deliverable Database
WACHS will provide applicable valve data in a spatially accurate format compliant with the
CLIENT’s existing data structure. The database shall contain the information agreed with the
CLIENT.
Before field operations commence, a meeting to be attended by WACHS and the CLIENT will be
held to reach alignment on specific data schemas to be employed. It is at this juncture that
WACHS and the CLIENT will reach agreement on which specific features will be collected, the
format this feature data will conform to, and the final resting place for all collected and calculated
information within the CLIENT’s data infrastructure so that it can be appropriately mapped and
accessed by the CLIENT staff.
Evaluation Presentation and Deliverables
WACHS will evaluate and analyze the results of the program and develop an evaluation
presentation for the CLIENT. This evaluation presentation will include an analysis of the results of
the program, findings, learning’s, suggestions and recom mendations for the CLIENT. At a
minimum the following deliverable reports will be presented to the CLIENT;
Valve Operability – a detailed summary of operability before and after asset inspection
and exercising was performed. Accompanying this report will be a map record of
inoperable and / or broken valves.
Out of Service Hydrant Report – Summary supporting daily calls regarding out of service
hydrants, accompanied by a map document showing OOS hydrant locations.
Frozen Valve – a detailed summary accompanied by a map depicting frozen va lves.
WACHS will recommend threshold size, torque and turn discrepancies constituting the
frozen valve = “YES” attribute.
Opened Work Orders – a detailed summary of work orders opened in the CLIENT’s
asset management system that could not be completed dur ing the initial pass of
inspection by the field crew. This report will be accompanied by a map document s
showing location detail.
Wrong Position Valves – detailed map document showing where valves were:
o Found Closed Left Closed
o Found Closed Left Open
Validated database compliant with ESRI ArcGIS
ATTACHMENT B - SCOPE OF SERVICES
VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES
6
Assumptions
Flushing sequences will be designed and executed based on the assumption that all fire
hydrants and isolation valves are in operable working condition.
Assessment of Fire Hydrants and Isolatio n Valves are not included as a part of this
proposed work scope .
ATTACHMENT C
CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES
7
The Proposal is issued upon and is subject to these Conditions of Engagement, which will be
sought in the Contract to be executed between the Client and Wachs Water. If the Proposal is
accepted by the Client, these Conditions of Engagement and the Proposa l will be the substantive
basis for the Contract between the Client and Wachs.
1. DEFINITIONS
In these Conditions of Engagement, the following definitions apply:
Client means any person or persons, firm or company engaging Wachs to provide the
Services.
Cont ract means the professional services agreement to be executed between Wachs as a
result of the Proposal.
Proposal means Wachs Water’s offer to carry out the Services and includes all related
correspondence plus agreed written variations or amendments there to.
Services means those services of whatever nature to be supplied by Wachs under the
Contract.
Site means the facility, land, installation or premises to which Wachs is granted
access for the purposes of the Contract and may include any combination of th e
foregoing.
Wachs Water Services, Wachs Water or Wachs
means Pure Technologies US Inc. dba Wachs Water Services , or any of their
affiliates, as the case may be, which submitted the Proposal and is a party to the
Contract.
2. WACHS’ OBLIGATIONS
2.1 Wachs will perform the Services in accordance with the procedures described in the
Proposal, using reasonable skill, care and diligence and consistent with industry
standards.
2.2 Wachs Water will ensure that the equipment used in performing the Services is in a
good and functional state.
3. CLIENT’S OBLIGATIONS
3.1 The Client will provide to Wachs Water full, good faith co-operation to assist Wachs
Water in providing the Services. Unless otherwise specified in the Proposal and
without limiting the generality of the foregoing, th e Client will at its own expense:
(i) ensure, if required, access to private land will be given to Wachs and that
any official permits or permissions required for Wachs to have access to
the Site or carry out the Services are obtained and are in force for the
duration of the Services;
(ii) inform Wachs Water in writing of any special circumstances or danger
which the execution of the Services may entail or which are inherent in
the Site, including the existence and identity of any known hazardous
substance or material;
(iii) perform such additional duties and responsibilities and provide such
information and resources as are described in the Proposal.
3.2 The description of the Services and related compensation amount set out in the
Proposal will be based upon information that the Client shall have provided to Wachs,
and assumptions that Wachs shall have identified in the Proposal. The Client
ATTACHMENT C
CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES
8
acknowledges that if any such information provided by Client is materially incomplete
or inaccurate, or if the assumptions identified by Wachs Water are not correct, then
the parties will modify the Proposal to reflect the actual information, assumptions, and
Services required, and the compensation to Wachs Water will be adjusted accordingly
using the change order process set out in the Contract, or if there is no such process,
on an equitable basis.
4. PROPRIETARY AND CONFIDENTIAL INFORMATION
4.1 All reports generated in the performance of the Services and delivered by Wachs
Water to the Client will become the property of the Client.
4.2 Wachs Water’s equipment which is made available to the Client in connection with the
Contract and the raw data generated in the performance of the Services will remain
the sole and exclusive property of Wachs Water. The Client will not acquire any
proprietary rights in Wachs Water's equipment, systems, software, technology,
inventions (whether or not patentable), patents, patent applications, documentation,
specifications, designs, data, databases, methods, processes or know -how (“Wachs
Technology”). Any modifications or improvements to the Wachs Technology made
during the performance of the Services will be the sole and exclusive property of
Wachs Water.
4.3 Both parties agree to keep confidential all documentation and information provided by
the other during the performance of the Contract. The obligations set out in this clause
4.3 will remain in full force and effect after any termination or expiry, as the case may
be, of the Contract.
5. LIABILITY AND WARRANTIES
5.1 Wachs Water will indemnify the Client against any expense, demand, liability, loss,
claim or proceeding whatsoever in respect of personal injury to or the death of any
person, or any loss, destruction or damage to any tangible property and arising
directly or indirectly from the negligence of Wachs Water, its empl oyees, servants or
agents except to the extent caused by the negligence of the Client or any person for
whom the Client is responsible. The Client will similarly indemnify Wachs Water.
5.2 Wachs Water will not be liable for any loss of production, loss of use of property, loss
of revenue or profit, equipment downtime, business interruption, loss of goodwill, loss
of anticipated savings, cost of procurement of substitute goods or services, or for any
consequential, indirect, incidental, or special loss or damage suffered by the Client or
any third party, or for any punitive damages, even if advised of the possibility thereof
and notwithstanding the failure of essential purpose of any remedy.
5.3 Wachs Water cumulative liability under the Contract, whether in contract , tort
(including negligence), or otherwise, will in no event exceed the aggregate
consideration paid by the Client to Wachs Water for the portion of the Services that
gave rise to the liability, provided, however, that this clause 5.3 shall not limit Wachs
Water’s indemnification obligations under these Conditions of Engagement.
5.4 The report(s) and any other recommendations or advice made by Wachs Wat er
relating to the pipeline or the Services will be made in accordance with the procedures
described in the Proposal, using reasonable skill, care and diligence consistent with
industry standards, but do not and will not constitute a warranty of the pipeli ne’s
quality, capacity, safety or fitness for purpose. Wachs Water will not be liable to the
Client for any liability or damages that arise from the Client’s reliance upon or
application or use of such final report or recommendations or advice made by Wach s
Water in relation to the pipeline or Services.
5.5 Wachs Water’s warranties for the Services will be set out in the Contract. Wachs
Water disclaims all implied or statutory warranties or conditions, including of
merchantability, merchantable quality, durabi lity, or fitness for particular purpose to
the extent allowed by applicable law.
?
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE A. MUNICIPAL ACQUISITION, SALE, OR LEASE OF PROPERTY
CHAPTER 252. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 252.001. DEFINITIONS. In this chapter:
(1) "Bond funds" includes money in the treasury received
from the sale of bonds and includes the proceeds of bonds that have
been voted but have not been issued and delivered.
(2) "Component purchases" means purchases of the component
parts of an item that in normal purchasing practices would be
purchased in one purchase.
(3) "Current funds" includes money in the treasury, taxes
in the process of being collected in the current tax year, and all
other revenue that may be anticipated with reasonable certainty in the
current tax year.
(4) "High technology procurement" means the procurement of
equipment, goods, or services of a highly technical nature, including:
(A) data processing equipment and software and
firmware used in conjunction with data processing equipment;
(B) telecommunications equipment and radio and
microwave systems;
(C) electronic distributed control systems, including
building energy management systems; and
(D) technical services related to those items.
(5) "Planning services" means services primarily intended
to guide governmental policy to ensure the orderly and coordinated
development of the state or of municipal, county, metropolitan, or
regional land areas.
(6) "Separate purchases" means purchases, made separately,
of items that in normal purchasing practices would be purchased in one
purchase.
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(7) "Sequential purchases" means purchases, made over a
period, of items that in normal purchasing practices would be
purchased in one purchase.
(8) "Time warrant" includes any warrant issued by a
municipality that is not payable from current funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch. 1250, Sec. 2, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 207, Sec. 1, eff. May 23, 1995.
Sec. 252.002. MUNICIPAL CHARTER CONTROLS IN CASE OF CONFLICT.
Any provision in the charter of a home-rule municipality that relates
to the notice of contracts, advertisement of the notice, requirements
for the taking of sealed bids based on specifications for public
improvements or purchases, the manner of publicly opening bids or
reading them aloud, or the manner of letting contracts and that is in
conflict with this chapter controls over this chapter unless the
governing body of the municipality elects to have this chapter
supersede the charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1993, 73rd Leg., ch. 749, Sec. 5, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 757, Sec. 7, eff. Sept. 1, 1993.
Sec. 252.003. APPLICATION OF OTHER LAW. The purchasing
requirements of Section 361.426, Health and Safety Code, apply to
municipal purchases made under this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 17, eff. Sept. 1, 1991.
SUBCHAPTER B. COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED
Sec. 252.021. COMPETITIVE REQUIREMENTS FOR PURCHASES. (a)
Before a municipality may enter into a contract that requires an
expenditure of more than $50,000 from one or more municipal funds, the
municipality must:
(1) comply with the procedure prescribed by this
subchapter and Subchapter C for competitive sealed bidding or
competitive sealed proposals;
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(2) use the reverse auction procedure, as defined by
Section 2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Chapter ,
Government Code.
(b) A municipality may use the competitive sealed proposal
procedure for the purchase of goods or services, including high
technology items and insurance.
(c) The governing body of a municipality that is considering
using a method other than competitive sealed bidding must determine
before notice is given the method of purchase that provides the best
value for the municipality. The governing body may delegate, as
appropriate, its authority under this subsection to a designated
representative. If the competitive sealed proposals requirement
applies to the contract, the municipality shall consider the criteria
described by Section 252.043(b) and the discussions conducted under
Section 252.042 to determine the best value for the municipality.
(d) This chapter does not apply to the expenditure of municipal
funds that are derived from an appropriation, loan, or grant received
by a municipality from the federal or state government for conducting
a community development program established under Chapter 373 if under
the program items are purchased under the request-for-proposal process
described by Section 252.042. A municipality using a request-for-
proposal process under this subsection shall also comply with the
requirements of Section 252.0215.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch. 1, Sec. 56(b), eff. Aug. 28, 1989; Acts
1993, 73rd Leg., ch. 749, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 757, Sec. 11, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
45, Sec. 1, eff. May 5, 1995; Acts 1997, 75th Leg., ch. 790, Sec. 1,
eff. June 17, 1997; Acts 1999, 76th Leg., ch. 571, Sec. 1, eff. June
18, 1999; Acts 2001, 77th Leg., ch. 115, Sec. 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 436, Sec. 2, eff. May 28, 2001; Acts 2001,
77th Leg., ch. 436, Sec. 3, eff. May 28, 2001; Acts 2001, 77th Leg.,
ch. 1409, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 217,
Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec.
12.003, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 1, eff.
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September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 1, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1272 (H.B. 3517), Sec. 1, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1272 (H.B. 3517), Sec. 2, eff.
September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.01, eff.
September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002
(20), eff. September 1, 2013.
Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO HISTORICALLY
UNDERUTILIZED BUSINESS. A municipality, in making an expenditure of
more than $3,000 but less than $50,000, shall contact at least two
historically underutilized businesses on a rotating basis, based on
information provided by the comptroller pursuant to Chapter 2161,
Government Code. If the list fails to identify a historically
underutilized business in the county in which the municipality is
situated, the municipality is exempt from this section.
Added by Acts 1993, 73rd Leg., ch. 749, Sec. 3, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.18, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 115, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 2, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.100,
eff. September 1, 2007.
Sec. 252.022. GENERAL EXEMPTIONS. (a) This chapter does not
apply to an expenditure for:
(1) a procurement made because of a public calamity that
requires the immediate appropriation of money to relieve the necessity
of the municipality's residents or to preserve the property of the
municipality;
(2) a procurement necessary to preserve or protect the
public health or safety of the municipality's residents;
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(3) a procurement necessary because of unforeseen damage
to public machinery, equipment, or other property;
(4) a procurement for personal, professional, or planning
services;
(5) a procurement for work that is performed and paid for
by the day as the work progresses;
(6) a purchase of land or a right-of-way;
(7) a procurement of items that are available from only
one source, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) films, manuscripts, or books;
(C) gas, water, and other utility services;
(D) captive replacement parts or components for
equipment;
(E) books, papers, and other library materials for a
public library that are available only from the persons holding
exclusive distribution rights to the materials; and
(F) management services provided by a nonprofit
organization to a municipal museum, park, zoo, or other facility to
which the organization has provided significant financial or other
benefits;
(8) a purchase of rare books, papers, and other library
materials for a public library;
(9) paving drainage, street widening, and other public
improvements, or related matters, if at least one-third of the cost is
to be paid by or through special assessments levied on property that
will benefit from the improvements;
(10) a public improvement project, already in progress,
authorized by the voters of the municipality, for which there is a
deficiency of funds for completing the project in accordance with the
plans and purposes authorized by the voters;
(11) a payment under a contract by which a developer
participates in the construction of a public improvement as provided
by Subchapter C, Chapter 212;
(12) personal property sold:
(A) at an auction by a state licensed auctioneer;
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(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
(C) by a political subdivision of this state, a state
agency of this state, or an entity of the federal government; or
(D) under an interlocal contract for cooperative
purchasing administered by a regional planning commission established
under Chapter 391;
(13) services performed by blind or severely disabled
persons;
(14) goods purchased by a municipality for subsequent
retail sale by the municipality;
(15) electricity; or
(16) advertising, other than legal notices.
(b) This chapter does not apply to bonds or warrants issued
under Subchapter A, Chapter 571.
(c) This chapter does not apply to expenditures by a
municipally owned electric or gas utility or unbundled divisions of a
municipally owned electric or gas utility in connection with any
purchases by the municipally owned utility or divisions of a
municipally owned utility made in accordance with procurement
procedures adopted by a resolution of the body vested with authority
for management and operation of the municipally owned utility or its
divisions that sets out the public purpose to be achieved by those
procedures. This subsection may not be deemed to exempt a municipally
owned utility from any other applicable statute, charter provision, or
ordinance.
(d) This chapter does not apply to an expenditure described by
Section 252.021(a) if the governing body of a municipality determines
that a method described by Chapter , Government Code, provides a
better value for the municipality with respect to that expenditure
than the procedures described in this chapter and the municipality
adopts and uses a method described in that chapter with respect to
that expenditure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch. 1, Sec. 47(c), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1001, Sec. 1, eff. Aug. 28, 1989; Acts 1991,
72nd Leg., ch. 42, Sec. 1, eff. April 25, 1991; Acts 1993, 73rd Leg.,
ch. 749, Sec. 7, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757,
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Sec. 9, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 207, Sec. 2,
eff. May 23, 1995; Acts 1995, 74th Leg., ch. 746, Sec. 1, eff. Aug.
28, 1995; Acts 1997, 75th Leg., ch. 125, Sec. 1, eff. May 19, 1997;
Acts 1997, 75th Leg., ch. 1370, Sec. 3, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 405, Sec. 41, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1409, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1420, Sec. 8.290, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 3, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(3),
eff. April 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.02, eff.
September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002
(21), eff. September 1, 2013.
Sec. 252.023. EXEMPTIONS FROM REFERENDUM PROVISIONS. The
referendum provisions prescribed by Section 252.045 do not apply to
expenditures that are payable:
(1) from current funds;
(2) from bond funds; or
(3) by time warrants unless the amount of the time
warrants issued by the municipality for all purposes during the
current calendar year exceeds:
(A) $7,500 if the municipality's population is 5,000
or less;
(B) $10,000 if the municipality's population is 5,001
to 24,999;
(C) $25,000 if the municipality's population is
25,001 to 49,999; or
(D) $100,000 if the municipality's population is more
than 50,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1991, 72nd Leg., ch. 109, Sec. 1, eff. Aug. 26, 1991.
Sec. 252.024. SELECTION OF INSURANCE BROKER. This chapter does
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not prevent a municipality from selecting a licensed insurance
broker as the sole broker of record to obtain proposals and coverages
for excess or surplus insurance that provides necessary coverage and
adequate limits of coverage in structuring layered excess coverages in
all areas of risk requiring special consideration, including public
official liability, police professional liability, and airport
liability. The broker may be retained only on a fee basis and may not
receive any other remuneration from any other source.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. PROCEDURES
Sec. 252.041. NOTICE REQUIREMENT. (a) If the competitive
sealed bidding requirement applies to the contract, notice of the time
and place at which the bids will be publicly opened and read aloud
must be published at least once a week for two consecutive weeks in a
newspaper published in the municipality. The date of the first
publication must be before the 14th day before the date set to
publicly open the bids and read them aloud. If no newspaper is
published in the municipality, the notice must be posted at the city
hall for 14 days before the date set to publicly open the bids and
read them aloud.
(b) If the competitive sealed proposals requirement applies to
the contract, notice of the request for proposals must be given in the
same manner as that prescribed by Subsection (a) for the notice for
competitive sealed bids.
(c) If the contract is for the purchase of machinery for the
construction or maintenance of roads or streets, the notice for bids
and the order for purchase must include a general specification of the
machinery desired.
(d) If the governing body of the municipality intends to issue
time warrants for the payment of any part of the contract, the notice
must include a statement of:
(1) the governing body's intention;
(2) the maximum amount of the proposed time warrant
indebtedness;
(3) the rate of interest the time warrants will bear; and
(4) the maximum maturity date of the time warrants.
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Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1991, 72nd Leg., ch. 109, Sec. 2, eff. Aug. 26, 1991; Acts 1993,
73rd Leg., ch. 749, Sec. 4, eff. Sept. 1, 1993; Acts 1993, 73rd Leg.,
ch. 757, Sec. 6, eff. Sept. 1, 1993.
Sec. 252.0415. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS.
(a) A municipality may receive bids or proposals under this chapter
through electronic transmission if the governing body of the
municipality adopts rules to ensure the identification, security, and
confidentiality of electronic bids or proposals and to ensure that the
electronic bids or proposals remain effectively unopened until the
proper time.
(b) Notwithstanding any other provision of this chapter, an
electronic bid or proposal is not required to be sealed. A provision
of this chapter that applies to a sealed bid or proposal applies to a
bid or proposal received through electronic transmission in accordance
with the rules adopted under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1063, Sec. 6, eff. Sept. 1, 2001.
Sec. 252.042. REQUESTS FOR PROPOSALS FOR CERTAIN PROCUREMENTS.
(a) Requests for proposals made under Section 252.021 must solicit
quotations and must specify the relative importance of price and other
evaluation factors.
(b) Discussions in accordance with the terms of a request for
proposals and with regulations adopted by the governing body of the
municipality may be conducted with offerors who submit proposals and
who are determined to be reasonably qualified for the award of the
contract. Offerors shall be treated fairly and equally with respect
to any opportunity for discussion and revision of proposals. To
obtain the best final offers, revisions may be permitted after
submissions and before the award of the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch. 1, Sec. 56(c), eff. Aug. 28, 1989; Acts
1995, 74th Leg., ch. 45, Sec. 2, eff. May 5, 1995.
Sec. 252.043. AWARD OF CONTRACT. (a) If the competitive
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sealed bidding requirement applies to the contract for goods or
services, the contract must be awarded to the lowest responsible
bidder or to the bidder who provides goods or services at the best
value for the municipality.
(b) In determining the best value for the municipality, the
municipality may consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder's goods
or services;
(3) the quality of the bidder's goods or services;
(4) the extent to which the goods or services meet the
municipality's needs;
(5) the bidder's past relationship with the municipality;
(6) the impact on the ability of the municipality to
comply with laws and rules relating to contracting with historically
underutilized businesses and nonprofit organizations employing persons
with disabilities;
(7) the total long-term cost to the municipality to
acquire the bidder's goods or services; and
(8) any relevant criteria specifically listed in the
request for bids or proposals.
(b-1) In addition to the considerations provided by Subsection
(b), a joint board described by Section 22.074(d), Transportation
Code, that awards contracts in the manner provided by this chapter may
consider, in determining the best value for the board, the impact on
the ability of the board to comply with laws, rules, and programs
relating to contracting with small businesses, as defined by 13 C.F.R.
Section 121.201.
(c) Before awarding a contract under this section, a
municipality must indicate in the bid specifications and requirements
that the contract may be awarded either to the lowest responsible
bidder or to the bidder who provides goods or services at the best
value for the municipality.
(d) Except as provided by Subsection (d-1), the contract must
be awarded to the lowest responsible bidder if the competitive sealed
bidding requirement applies to the contract for construction of:
(1) highways, roads, streets, bridges, utilities, water
supply projects, water plants, wastewater plants, water and wastewater
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distribution or conveyance facilities, wharves, docks,
airport runways and taxiways, drainage projects, or related types of
projects associated with civil engineering construction; or
(2) buildings or structures that are incidental to
projects that are primarily civil engineering construction projects.
(d-1) A contract for construction of a project described by
Subsection (d) that requires an expenditure of $1.5 million or less
may be awarded using the competitive sealed proposal procedure
prescribed by Subchapter D, Chapter , Government Code.
(e) If the competitive sealed bidding requirement applies to
the contract for construction of a facility, as that term is defined
by Section 2269.001, Government Code, the contract must be awarded to
the lowest responsible bidder or awarded under the method described by
Chapter , Government Code.
(f) The governing body may reject any and all bids.
(g) A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price. This chapter does
not change the common law right of a bidder to withdraw a bid due to a
material mistake in the bid.
(h) If the competitive sealed proposals requirement applies to
the contract, the contract must be awarded to the responsible offeror
whose proposal is determined to be the most advantageous to the
municipality considering the relative importance of price and the
other evaluation factors included in the request for proposals.
(i) This section does not apply to a contract for professional
services, as that term is defined by Section 2254.002, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1997, 75th Leg., ch. 1370, Sec. 4, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 1409, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 739 (H.B. 2661), Sec. 1, eff.
September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 428 (S.B. 1618), Sec. 1, eff.
June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.03, eff.
September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002
(22), eff. September 1, 2013.
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Sec. 252.0435. SAFETY RECORD OF BIDDER CONSIDERED. In
determining who is a responsible bidder, the governing body may take
into account the safety record of the bidder, of the firm,
corporation, partnership, or institution represented by the bidder, or
of anyone acting for such a firm, corporation, partnership, or
institution if:
(1) the governing body has adopted a written definition
and criteria for accurately determining the safety record of a bidder;
(2) the governing body has given notice to prospective
bidders in the bid specifications that the safety record of a bidder
may be considered in determining the responsibility of the bidder; and
(3) the determinations are not arbitrary and capricious.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 58(b), eff. Aug. 28, 1989.
Sec. 252.0436. CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY.
(a) A municipality by ordinance may establish regulations permitting
the municipality to refuse to enter into a contract or other
transaction with a person indebted to the municipality.
(b) It is not a violation of this chapter for a municipality,
under regulations adopted under Subsection (a), to refuse to award a
contract to or enter into a transaction with an apparent low bidder or
successful proposer that is indebted to the municipality.
(c) In this section, "person" includes an individual, sole
proprietorship, corporation, nonprofit corporation, partnership, joint
venture, limited liability company, and any other entity that proposes
or otherwise seeks to enter into a contract or other transaction with
the municipality requiring approval by the governing body of the
municipality.
Added by Acts 2003, 78th Leg., ch. 156, Sec. 1, eff. Sept. 1, 2003.
Sec. 252.044. CONTRACTOR'S BOND. (a) If the contract is for
the construction of public works, the bidder to whom the contract is
awarded must execute a good and sufficient bond. The bond must be:
(1) in the full amount of the contract price;
(2) conditioned that the contractor will faithfully
perform the contract; and
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(3) executed, in accordance with Chapter 2253, Government
Code, by a surety company authorized to do business in the state.
(b) Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff.
Sept. 1, 1993.
(c) The governing body of a home-rule municipality by ordinance
may adopt the provisions of this section and Chapter 2253, Government
Code, relating to contractors' surety bonds, regardless of a
conflicting provision in the municipality's charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.
Sec. 252.045. REFERENDUM ON ISSUANCE OF TIME WARRANTS. (a)
If, by the time set for letting a contract under this chapter, a
written petition with the required signatures is filed with the
municipal secretary or clerk requesting the governing body of the
municipality to order a referendum on the question of whether time
warrants should be issued for an expenditure under the contract, the
governing body may not authorize the expenditure or finally award the
contract unless the question is approved by a majority of the votes
received in the referendum. The petition must be signed by at least
10 percent of the qualified voters of the municipality whose names
appear as property taxpayers on the municipality's most recently
approved tax rolls.
(b) If a petition is not filed, the governing body may finally
award the contract and issue the time warrants. In the absence of a
petition, the governing body may, at its discretion, order the
referendum.
(c) The provisions of Subtitles A and C, Title 9, Government
Code, relating to elections for the issuance of municipal bonds and to
the issuance, approval, registration, and sale of bonds govern the
referendum and the time warrants to the extent those provisions are
consistent with this chapter. However, the time warrants may mature
over a term exceeding 40 years only if the governing body finds that
the financial condition of the municipality will not permit payment of
warrants issued for a term of 40 years or less from taxes that are
imposed substantially uniformly during the term of the warrants.
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(d) This section does not supersede any additional rights
provided by the charter of a special-law municipality and relating to
a referendum.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1999, 76th Leg., ch. 1064, Sec. 38, eff. Sept. 1, 1999.
Sec. 252.046. CIRCUMSTANCES IN WHICH CURRENT FUNDS TO BE SET
ASIDE. If an expenditure under the contract is payable by warrants on
current funds, the governing body of the municipality by order shall
set aside an amount of current funds that will discharge the principal
and interest of the warrants. Those funds may not be used for any
other purpose, and the warrants must be discharged from those funds
and may not be refunded.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 252.047. PAYMENT METHOD FOR CERTAIN CONTRACTS. If the
contract is for the construction of public works or for the purchase
of materials, equipment, and supplies, the municipality may let the
contract on a lump-sum basis or unit price basis as the governing body
of the municipality determines. If the contract is let on a unit
price basis, the information furnished to bidders must specify the
approximate quantity needed, based on the best available information,
but payment to the contractor must be based on the actual quantity
constructed or supplied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 252.048. CHANGE ORDERS. (a) If changes in plans or
specifications are necessary after the performance of the contract is
begun or if it is necessary to decrease or increase the quantity of
work to be performed or of materials, equipment, or supplies to be
furnished, the governing body of the municipality may approve change
orders making the changes.
(b) The total contract price may not be increased because of
the changes unless additional money for increased costs is
appropriated for that purpose from available funds or is provided for
by the authorization of the issuance of time warrants.
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(c) If a change order involves a decrease or an increase of
$50,000 or less, the governing body may grant general authority to an
administrative official of the municipality to approve the change
orders.
(c-1) If a change order for a public works contract in a
municipality with a population of 300,000 or more involves a decrease
or an increase of $100,000 or less, or a lesser amount as provided by
ordinance, the governing body of the municipality may grant general
authority to an administrative official of the municipality to approve
the change order.
(d) The original contract price may not be increased under this
section by more than 25 percent. The original contract price may not
be decreased under this section by more than 25 percent without the
consent of the contractor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1995, 74th Leg., ch. 706, Sec. 1, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 746, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 1, eff.
June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.09, eff.
September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 7, eff.
September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1356 (S.B. 1430), Sec. 2, eff.
June 14, 2013.
Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR
PROPOSALS. (a) Trade secrets and confidential information in
competitive sealed bids are not open for public inspection.
(b) If provided in a request for proposals, proposals shall be
opened in a manner that avoids disclosure of the contents to competing
offerors and keeps the proposals secret during negotiations. All
proposals are open for public inspection after the contract is
awarded, but trade secrets and confidential information in the
proposals are not open for public inspection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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Sec. 252.050. LEASE-PURCHASE OR INSTALLMENT PURCHASE OF REAL
PROPERTY. (a) This section applies only to a lease-purchase or
installment purchase of real property financed by the issuance of
certificates of participation.
(b) The governing body of a municipality may not make an
agreement under which the municipality is a lessee in a lease-purchase
of real property or is a purchaser in an installment purchase of real
property unless the governing body first obtains an appraisal by a
qualified appraiser who is not an employee of the municipality. The
purchase price may not exceed the fair market value of the real
property, as shown by the appraisal.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 10, Sec. 2, eff. Oct. 18,
1989.
Sec. 252.051. APPRAISAL REQUIRED BEFORE PURCHASE OF PROPERTY
WITH BOND PROCEEDS. A municipality may not purchase property wholly
or partly with bond proceeds until the municipality obtains an
independent appraisal of the property's market value.
Added by Acts 2011, 82nd Leg., R.S., Ch. 719 (H.B. 782), Sec. 1, eff.
September 1, 2011.
SUBCHAPTER D. ENFORCEMENT
Sec. 252.061. INJUNCTION. If the contract is made without
compliance with this chapter, it is void and the performance of the
contract, including the payment of any money under the contract, may
be enjoined by:
(1) any property tax paying resident of the municipality;
or
(2) a person who submitted a bid for a contract for which
the competitive sealed bidding requirement applies, regardless of
residency, if the contract is for the construction of public works.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 979 (H.B. 3668), Sec. 1, eff.
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September 1, 2009.
Sec. 252.062. CRIMINAL PENALTIES. (a) A municipal officer or
employee commits an offense if the officer or employee intentionally
or knowingly makes or authorizes separate, sequential, or component
purchases to avoid the competitive bidding requirements of Section
252.021. An offense under this subsection is a Class B misdemeanor.
(b) A municipal officer or employee commits an offense if the
officer or employee intentionally or knowingly violates Section
252.021, other than by conduct described by Subsection (a). An
offense under this subsection is a Class B misdemeanor.
(c) A municipal officer or employee commits an offense if the
officer or employee intentionally or knowingly violates this chapter,
other than by conduct described by Subsection (a) or (b). An offense
under this subsection is a Class C misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch. 1250, Sec. 3, eff. Sept. 1, 1989.
Sec. 252.063. REMOVAL; INELIGIBILITY. (a) The final
conviction of a municipal officer or employee for an offense under
Section 252.062(a) or (b) results in the immediate removal from office
or employment of that person.
(b) For four years after the date of the final conviction, the
removed officer or employee is ineligible:
(1) to be a candidate for or to be appointed or elected to
a public office in this state;
(2) to be employed by the municipality with which the
person served when the offense occurred; and
(3) to receive any compensation through a contract with
that municipality.
(c) This section does not prohibit the payment of retirement or
workers' compensation benefits to the removed officer or employee.
Added by Acts 1989, 71st Leg., ch. 1250, Sec. 4, eff. Sept. 1, 1989.
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