Item 8DMEMORANDUM
December 27, 2010
TO: Shana Yelverton, City Manager
FROM: Sharen Elam, Director of Finance Ext. 8042
SUBJECT: Ordinance No. 888, 1 st Reading, Amending Article IV of Chapter 2 of the Code
of Ordinances by establishing a new division relating to purchasing
procedures.
Action Requested: City Council consideration of Ordinance No. 888 to amend Article IV of
Chapter 2 of the Code of Ordinances by establishing a new division relating
to purchasing procedures.
Background
Information: Ordinance No. 888 establishes authority for the City Manager to make
budgeted expenditures of $25,000 (threshold specified in Texas Local
Government Code §252.021) or less without City Council approval. The
ordinance also authorizes the City Manager to execute change orders of
$25,000 (threshold specified in Texas Local Government Code §252.048(c))
or less. The ordinance simply codifies the purchasing policy of the City, in
accordance with the City Charter Chapter IX Section 9.43 Purchasing states
"The Council may, by ordinance, confer upon the City Manger general
authority to contract for expenditures without further approval of the
Council for all budgeted items not exceeding limits set forth by the Council ".
Financial
Considerations: None
Citizen Input/
Board Review: Public Hearing, 2nd reading scheduled for July 19, 2005
Legal Review: City attorney has reviewed Ordinance No. 888.
Alternatives: Deny or amend ordinance
Supporting
Documents: Ordinance No. 888
Staff
Recommendation: Approval of Ordinance No. 888
ORDINANCE= NO.
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
ARTICLE IV OF CHAPTER 2 OF THE CEDE OF ORDINANCES BY
ESTABLISHING A NEW DIVISION RELATING TO PURCHASING
PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Pity staff has recommended that the City Ccauncii adopt remain
purchasing limits by ordinance, pursuasit to the City Charter, and the City Council
deems it advisable to update Chapter 2 of the Code of Ordinances of the City of
Southlake ar.00rdingly;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
SOUTHLAKE
SIaCTION J.
That Chapter 2 of the Southlake Code of Ordinances is hereby amended by the
addition of a new Division 2l which shall he and read as follaNS.
DIVISION 2. PURCHASING PROC EDURES
Sec. 2 -20 Authorization of Expenditures; Purchase Limits.
(a) The City Manager is authorized to make purchases of all supplies, apparatus,
equipment, materials and other things requisite for public purposes for the City and 11D
make all necessary contracts for work or labor to be done, material or other necessary
things to be furnished for the benefit of the City where the amount of the expenditure for
any purpose or contract does not exceed the sum specified in Texas Local Government
Code §252_021(a) or its successor statute
(b) The City Council shall have exclusive power and responsibility to make all other
purchases of all supplies, apparatus, equipment, rmmerials, and other things requisite
for publio purposes for the City and contracts for work or Labor tr} be done material or
other necessary things to be furnished for the benefit of the City.
(c) If an emergency exists, as provided by state law, the City Manager is authorized
to approve expenditures provided that the !City Manager shall: present the expenditure to
the City Council for ratification within 39 days. This includes procurements necessary
due to.
(1) public calamity;
(2) preserve or protect the public health or safety of the City's residentts, or
(3) unforeseen damage to public machinery, equipment or other property.
VJ:'.Scu4h a 's =',On1 rsancess9}ut�haai€ g 0131 PF [L—
Page 1
Sec.. 2 -21 Change Orders.
(a) If changes in plans nr specification are necessary after the performance of a
contract is begun or it is necessary to decrease or increase the quantity of worm to be
performed, or of materials, equipment or supplies to be furnished, a charge order may
be approved. The change order should be approved in writing and a copy issued to the
vendor prior to starli ng tha additional work.
(W If a change order involves a decrease or an increase of $25,000 or Iess, or the
dollar amount specified in Tex_ (Local Gov't Code sec. 252.0 as amended, if
greater, the City Manager is authorized by City Council to approve the change_ The
original contract price may not be increased by more than this amount without formal
City Council approval and the original contract price may not be increased by more than
25%. The original contract price may not be- decreased by more than 25% without the
conserit of the contractor
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City,
except where the provisions of this ordinance are in direct conflict with the provisions of
other ordinances, in which event the conflicting provisions of the other ordinances are
hereby repealed-
$ECTIOH 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
s ntences, paragraphs and sections of this ordinance, since the same w uld have been
onacted by the City Council without the incorpmation in this ordinance of any such
urimnstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall be in full farce and effect from and after its passage and
publication as required by law, and it is so ordained
PASSED AND APPROVED ON FIRST RE/\DING ON THIS _.- ... -. - . DAY
M
2005.
W- 1SouthlakeVDrdinancer .%Purchasing.u12745 doe
page- 2
■I +'•ti
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF , 2005_
MAYOR
ATTEST:
CITY SECRETARY
Approved as to form and legality_
City Attorney
Date:
Approved:
wV;X$ ihlal amOrdinanoestiPLirdharing .412705 dao Page 3