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HomeMy WebLinkAboutOrd. 1990-1699 - canvass charter election . . ORDINANCE NO. 1699 AN ORDINANCE DECLARING THE RESULTS OF A CHARTER AMENDMENT ELECTION HELD IN THE CITY OF LA PORTE ON MAY 5, 1990; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election was held in the City of La Porte on the 5th day of May, 1990, at which election there was submitted to the resident qualified electors of the City of La Porte, for their acceptance or rejection, the following amendment to the Home Rule Charter of the City of La Porte, Texas, to-wit: Section 5.02, nPurchase Procedure,n of the Home Rule Charter of the City of La Porte, Texas, shall be amended so that the same shall hereafter read as follows: n5.02. Purchase Procedure All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contfactual services for which the contract or order is to be issued. Before the city may enter into a contract that requires an expenditure of more than $5,000.00, the City must comply with the procedure prescribed by Chapter 252, Texas Local Government Code, for competitive sealed bidding or competitive sealed proposals. The city may use the competitive sealed proposals procedure only for high technology procurements. Council may by ordinance confer upon the city manager general authority to contract for expenditures without further approval of council for budgeted items not exceeding $5,000.00. All contracts for expenditures involving more than $5,000.00 must be expressly approved in advance by council. If the competitive sealed bidding requirement applys to the contract, the contract must be awarded to the lowest responsible bidder. Councilor the city manager, in such cases as he is authorized to contract for the city, may reject any and all bids. If the competitive sealed proposals requirement applys to the contract, the contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the city considering the relative importance of price and the other evaluation factors included in the request for proposals. Council by ordinance may increase the $5,000.00 limitation herein provided to conform to subsequent increases authorized by state law. Contracts for professional services for which bidding is prohibited by state law shall not be let on competitive bids. Procurement of architectural or engineering services shall be in accordance with the Professional Services Procurement Act. In the event of conflict between any provision of this section and state law, state law shall prevail.n Section 2. There were cast at said election for the amendment of the Home Rule Charter of the City of La Porte, the following votes, to-wit: . ORDINANCE NO. 1699 . Page 2 For the amendment of Section 5.02, "Purchase Procedure," of the Home Rule Charter of the City of La Porte: 286 Against the amendment of Section 5.02, "Purchase Procedure," of the Home Rule Charter of the City of La Porte: 141 as shown in the official election returns heretofore delivered by the election judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. Section 3. The City Council of the City of La Porte finds that said election was duly called and notice thereof given in accordance with lawJ that saId election was held in the manner required by lawJ that due returns c)f said election have been made by the proper officersJ that said returns have been canvassed by the City Council of the City of La PorteJ that said election has resulted in the adoption of the amendment of Section 5.02, "Purchase Procedure," of the Home Rule Charter of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes AnnotatedJ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 7th day of May, 1990. AT~ UJd, Cherie Black, City Secretary APPROVED: / I ~cJ~ Knox W. Askins, City Attorney ,,' . . , EXECUTIVE DIVISION P.O. Box 12697 Austin, Texas 78711-2697 (512) 463-5701 ELECTIONS DIVISION P.O. Box 12060 Austin. TeXas 78711-2060 (512) 463-5650 Disclosure Filings P.O. Box 12070 Austin, Texas 78711-2070 (512) 463-5704 DATA SERVICES DIVISION P.O. Box 12887 Austin, Texas 78711-2887 (512) 463-5609 SUPPORT SERVICES DIVISION Financial Management P.O. Box 12887 Austin. Texas 78711-2887 (512) 463-5600 Staff Services P.O. Box 12887 Austin, Texas 78711-2887 (512) 463-5600 STATUTORY FILINGS DIVISION Corporations P.O. Box 13697 Austin, Texas 78711-3697 (512) 463-5555 Statutory Documents P.O. Box 12887 Austin, Texas 78711-2887 . (512) 463-5654 Texas Register P.O. Box 13824 Austin, Texas 78711-3824 (512) 463-5561 Uniform Commercial Code P.O. Box 13193 Austin, Texas 78711-3193 (512) 475-2705 Office of the SECRETARY OF ST ATE George s. Bayoud, Jr. SECRETARY OF STATE May 29, 1990 Hon. Norman L. Malone Mayor P.O. Box 1115 La Porte, Texas 77572-1115 Re: Amendment -.La Porte Dear Mayor Malone: This is to inform you that your documents were filed in this office on May 29, 1990. These documents were recorded in Book 45, pages 219 221 in the Book of City Charters and Amendments. STATUTORY DOCUMENTS SECTION ST/ls An Equal Opportunity Employer L, . . . . ... filed in the Office of Secretary of State THE STATE OF TEXAS ) MAY 291990 COUNTY OF HARRIS ) Statutory Filings Divisiol1l CITY OF LA PORTE ) Statutory Documents I, Norman L. Malone, Mayor of the City of La Porte, do hereby certify that the attached and foregoing is a true and correct copy of Ordinance 1699, passed and approved by the City Council of the City of La Porte at a meeting held on May 7, 1990, at which meeting a majority of the Council was present and voted in favor of the Ordinance. I further certify that notice of the meeting was posted in accordance with law for the specified period required. In witness whereof, I have hereby set my hand and the Seal of the City of La Porte, this the 17th day of May, 1990. .~. /{hnt'tur ~ ~ Norman L. Malone Mayor, City of La Porte -