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.
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