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RE 2017-0725.1CITY OF COPPELL, TEXAS RESOLUTION No. 2a17 17 — 01267. I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, MAKING CERTAIN FINDINGS WITH RESPECT TO EMERGENCY SEWER REPAIRS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, AFTER APPROVAL BY THE CITY MANAGER, A CONTRACT FOR THE REPAIR OF THE 21" SANITARY SEWER MAIN IN PARKWAY BOULEVARD APPROXMATELY 200 FEET WEST OF THE INTERSECTION OF COWBOY DRIVE; AUTHORIZING PAYMENT WITH RESPECT TO SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has determined that an emergency exists with regard to the 21" sanitary sewer main in Parkway Blvd. approximately 200 feet west of Cowboy Drive and is further described in the exhibit attached; and WHEREAS, if not immediately repaired, the area of the sewer main described in the attached exhibit can lead to a greater failure of the City's sewer system, endangering the public health and safety of the residents of the City; and WHEREAS, the City Manager and the City Council find that a procurement for the aforesaid repair is necessary to preserve and protect the public health or safety of the residents of Coppell and because of the public calamity that exists the immediate appropriation of money is required to relieve the necessity of the residents of Coppell and to preserve the property of the City; and WHEREAS, the Code of Ordinances of the City of Coppell, Texas authorizes expenditures exceeding Fifty Thousand Dollars and No/100 ($50,000) in the event of an emergency declared by the City Manager and approved by the City Council; and WHEREAS, Section 252.022 of the Local Government Code authorizes a procurement made (a) made because of a public calamity that required the immediate appropriation of money to preserve the City's property, (b) necessary to preserve or protect the public health and safety of the City's residents, and (c) necessary because of unforeseen damages to public property, and, therefore, constituted an emergency which necessitated the procurement of said agreement and the expenditures related to same without obtaining sealed bids or proposals for same; and WHEREAS, the City Council of the City of Coppell finds it to be in the public interest to make certain findings regarding the repairs necessary for the 21" sanitary sewer main in Parkway Blvd, to authorize the City Manager to negotiate a contract and, upon approval of the City Attorney, execute the same, and to authorize payment. TM 88215 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. The City Council of the City of Coppell finds that the Emergency Project constitutes a procurement which is (a) made because of a public calamity that requires the immediate appropriation of money to preserve the City's property, (b) necessary to preserve or protect the public health and safety of the City's residents, and (c) necessary because of unforeseen damages to public property, and, therefore, constitutes an emergency which necessitates the procurement of an agreement and the expenditures related to same without obtaining sealed bids or proposals for same as allowed pursuant to Texas Local Government Code §252.022 and applicable city purchasing policies. SECTION 2. The City Manager is authorized to negotiate and, upon approval of the City Attorney, execute an agreement to perform the repairs relating to the Emergency Project. SECTION 3. The City Manager is hereby authorized to pay the contractor in accordance with the agreement authorized pursuant to Section 2, above, from funds available in the FY 2016- 17 budget. SECTION 4. This resolution shall become effective immediately upon its approval. PASSED AND APPROVED this �eday of , 2017. ATTEST - By Christel Pettinos, City Secretary APPROVED A FORM: By: Robert Hager, i ttorney Page 2 VMS IM N T. , ►�