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OR 2009-1225 Purchases of personal property by the City ManagerAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~Qa / ~ /ZZ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, AS AMENDED, BY AMENDING SECTION 1-5-6, IN PART, TO INCREASE THE AMOUNT OF PURCHASES OF PERSONAL PROPERTY BY THE CITY MANAGER, WHICH DO NOT REQUIRE COMPETITIVE BIDDING, FROM $25,000.00 TO $50,000.00; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell Code of Ordinances currently authorizes the City Manager to approve purchases for lawful municipal purposes that are not required to comply with the competitive bidding requirements and are expenditure of $25,000.00 or less; and WHEREAS, Section 252.001 et. seq. of the TEXAS LOCAL GOVERNMENT CODE provides that such expenditures which do not exceed $50,000.00 are not required to comply with the competitive sealed bidding process; and, WHEREAS, the City Council has determined that it is in the best interest of the City to Increase the current amount to comply with State law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 1-5-6 of the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended, in part, to read as follows: "Sec. 1-5-6 Authority to purchase and approve change orders. A. .... B. All purchases of the personal property and contracts for construction, repair, services (other than personal or professional), high technology procurements, or any other lawful municipal purpose that require and expenditure of $50,000.00 or less, regardless of the source of funds or whether for consumables, recurring expenses, capital outlay, or replacement shall be made by the city manager upon such competitive basis as he may deem necessary and advisable. If the expenditure is more than $3,000.00, the city manager shall follow the procedures for contacting disadvantaged businesses prescribed in section 252.0215 of the TEXAS LOCAL GOVERNMENT CODE, as amended. All such purchases and contracts may be made by the city manager as provided in this subsection without further city council action. C. A contract for personal or professional services requiring an expenditure of $50,000.00 or less may be authorized by the City Manager or his designee by administrative action, without further council action. A contract for personal or professional services requiring an expenditure exceeding $50,000.00 must be authorized by the city council. D. For purchases of personal property and contracts for construction, repair, services, or any other lawful municipal purpose requiring an expenditure exceeding $50,000.00, and required by state law to be competitively bid, the city manager or his designee shall follow the procedures set forth in Chapter 252 of the TEXAS LOCAL GOVERNMENT CODE. E. For purchases of personal property and contracts for construction, repair, services or any other lawful municipal purpose requiring an expenditure of $50,000.00 or less, and required by Chapter 252 to be competitively bid, the city manager or designee shall tabulate the bids and select a vendor or contractor with the lowest responsible bid. The city council, or the city manager, when authorized to contract for the city, shall have the right to reject any and all bids. F. .... G. No expenditure exceeding $50,000.00 may be made without competitive bids except when the expenditure falls within one of the general exemptions outlines in section 252.022 of the Texas Local Government Code, provided however, that in the even of an emergency expenditure, such emergency shall be declared by the city manager and approved by the city council, or may be declared by the city council in its resolution authorizing execution of the contract. H. .... I. .... « SECTION 2. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this f~y of 2009. APP OV D: By: GL N. STOVER, MAYOR AP By: SB'~RT E. HAG, CITY ATTORNEY (REH/cdb 04/08/09 sewed & Revised Only)(36146) ATTES'iJ': B _ B BALL ITY SECRETARY