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HomeMy WebLinkAboutORD 08-081 - REMOVING OPERATION OF COMPETITIVE BIDDING HURRICANE IKE ORDINANCE NO. 08-081 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 IKE, FOR A PERIOD OF AT LEAST 90 DAYS FROM AND AFTER SEPTEMBER 11, 2008. 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 Unified 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 Ike, is hereby removed for a period of 90 days from and after September 11, 2008, unless the state of d is terminated earlier, provided, however, tint; insofar as practicable, bids, quotations, or estimates of material, labor and other costs for purchases, good, works and the like desaibed will be diligently solicited and procured prior to entering into contract therefore, 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 16th day of September, 2008. tooAW s C 1 i o, o Mayor Bec Ames i