HomeMy WebLinkAboutORD 05-076 ORDINANCE NO. 05 -01
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DECLARING AN EMERGENCY; REMOVING THE
OPERATION OF THE COMPETITIVE BIDDING
REQUIREMENTS OF THE APPLICABLE COMPETITIVE
BIDDING PROVISIONS OF THE CITY CHARTER AND CODE
OF ORDINANCE PURSUANT TO SECTION 252.022 OF THE
TEXAS LOCAL GOVERNMENT CODE WITH RESPECT TO
CONTRACTS FOR PROCUREMENTS MADE BECAUSE OF
THE PUBLIC CALAMITY RESULTING FROM HURRICANE
RITA, FOR A PERIOD OF AT LEAST 90 DAYS FROM AND
AFTER SEPTEMBER 21, 2005.
WHEREAS, the City of Beaumont has declared a state of disaster and emergency
in accordance with Section 418.108 of the Texas Disaster Act of 1975, Local Government
Code of Texas; and
WHEREAS, the Governor of the State of Texas and the President of the United
States have designated the City of Beaumont a disaster area;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS
Section 1.
That the Operation of the competitive bidding requirements of the applicable
competitive bidding provisions of the City Charter and Code of Ordinances with respect
to contracts for the removal of brush and debris and other procurements made by reason
the public calamity resulting from Hurricane Rita, is hereby removed for a period of 90
days from and after September 21, 2005, unless the state of disaster is terminated earlier,
provided, however, that, insofar as practicable, bids, quotations, or estimates of material,
labor and other costs for purchases, goods, works and the like described will be diligently
solicited and procured prior to entering into contract therefor, and such contract, if
awarded, will be made to the lowest, best, or expedient bid, quotation, or estimate
received. The determination of the lowest, best, or expedient bid is within the sole
discretion of the City Manager, or his designee, and his decision is final.
Section 2.
Pursuant to Section 5150 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, in the expenditure of Federal funds for debris clearance, distribution of
supplies,reconstruction, and other major disaster or emergency assistance activities which
may be carried out by contract or agreement with private organizations, firms, or
individuals, preference will be given, to the extent feasible and practicable, to those
organizations, firms and individuals residing or doing business primarily in the area
affected by such major disaster or emergency.
Section 3.
The necessity to remove the operation of the competitive requirements for the
period of time as outlined above creates a public emergency and an imperative public
necessity requiring the suspension of the Charter rule that every ordinance imposing a
penalty, fine, imprisonment or forfeiture for violation of its provisions be published within
ten (10) days after passage thereof for three (3) successive days, and the Mayor, having
declared such an emergency and necessity exist, having requested the suspension of the
Charter rule that this ordinance be passed finally on the date of its introduction and take
effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the 26th day of September, 2005.
Mayor Guy N. Goodson