HomeMy WebLinkAboutOrd 384-2008 Amending Personnel Policy Manual raising purchasing authority of CMCITY OF ANNA, TEXAS
ORDINANCE NO. 384.2008
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA
PERSONNEL POLICY MANUAL AND RAISING THE PURCHASING AND
CONTRACTING AUTHORITY OF THE CITY AND THE CITY MANAGER IN
ACCORDANCE WITH HOME RULE CHARTER
WHEREAS, the City of Anna, Texas ("the City") has previously adopted the City of
Anna Personnel Policy Manual ("the Manual"), which sets forth certain purchasing
and contracting authority limits for the City and the City Manager; and
WHEREAS, the City of Anna, Texas City Council ("City Council") has determined
that the Manual is in need of updating to comply with changes in state law with
respect to purchasing and contracting authority limits for the City as those limits
relate to competitive bidding requirements; and
WHEREAS, the City Council has further determined that the Manual is in need of
updating to set forth the City Manager's authority to purchase and contract on behalf
of the City in accordance with the City of Anna Home Rule Charter, Section 7.15;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Amendment to Personnel Policy Manual
Section 17.03 of the Manual is hereby amended to read as follows
17.03 Purchasing
(a) All purchases above $50,000 must be purchased under formal
competitive sealed bidding rules or as otherwise permitted by Local
Government Code under Chapters 252 and 271. No bid process
shall begin until approved by the City Council and City Manager.
(b) Unless otherwise required under state or federal law, competitive
sealed bidding procedures are as stated in this subsection. Notice
to Bidders advertising that the City is seeking bids on a particular
item or project must be advertised in the City's official newspaper at
least once a week on two consecutive weeks with the first
publication date being before the 14th day before the date set to
publicly open the bids. The notice should also be posted at the City
Hall. The notice must specify the item for bid, that the bids must be
sealed and the time, date, and place where the bits will be opened
and publicly read. The notice should also inform the bidder where
the detailed specifications can be obtained. All notices mailed to
Ord. 3842008 Amending Persormcl Policy Purchasing &Concocting City & City MsnoW.doc 1 05-27-08
vendors or requested by vendors must be accompanied by a full set
of specifications of the items to be purchased when feasible. Some
public works projects require a deposit for a full set of
specifications. All bids should be addressed to the City Manager,
City of Anna, P.O. Box 776, 101 N. Powell Parkway, Anna, TX
75409-0776. Upon receipt of bids the City Manager will note the
time and date of receipt of all bids and retain custody of the bids
until publicly opened and read. All bidders must be notified to
conspicuously mark on the envelope "Sealed Bid Enclosed" as well
as the project or item being bid, and the date of the bid opening. If
this is not on the envelope and the bid is opened by mistake, the
bid is void and shall be returned to the bidder. If possible, the bids
will be opened early enough before the next City Council meeting to
give the staff time to make a recommendation on the bids. If the
bids are opened outside of a Council Meeting, the City Manager
and the affected Department Head should be present for the
opening. Any bidder and the general public may attend the opening
of the bids. Unless otherwise permitted by law, the award of the bid
must be made to the lowest responsible bidder. The governing
body may reject any and all bids.
(c) This subsection shall apply with regard to purchases and contracts
not in excess of $50,000, and for which formal competitive bidding
procedures are not required. The City Manager is authorized to
make purchases and enter into contracts on behalf of the City if the
amount does not exceed $50,000. All purchases between $5,000 -
$50,000 shall require written approval of the City Manager and as
to such purchases the City Manager is required to seek at least
three written bids if the purchase is not from a sole -source vendor.
(d) All purchases between $250 - $5,000 shall require written approval
of the City Manager.
(e) All purchases shall be periodically reviewed by the City Council.
(f) Emergency purchases shall be avoided when possible. When
emergency purchases are unavoidable, a fully justified request
must be made to the City Manager for approval.
(g) A petty cash fund of $200.00 shall be maintained. Such account
shall be kept balanced with explanatory receipts for all
expenditures.
Section 2. General Purchasing and Contracting Authority of City Manager
(a) In accordance with City of Anna Home Rule Charter, Section 7.15, the City
Manager is hereby generally authorized to contract for expenditures without
further approval of the City Council for all budgeted items not exceeding
$50,000.
Ord. 384.2008 Amending Personnel Policy Purchasing &Commcft City & City Manager.dw 2 05-27-08
(b) All contracts for expenditures or purchases involving more than $50,000 must
be expressly approved in advance by the City Council.
Section 3. Repeal Clause
This ordinance shall be cumulative of all provisions and ordinances of the Anna Code
Section 4. Savings Clause
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section S. Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law.
PASSED by the City Council of the City of Anna, Texas, on this the 27th day of May,
2008.
ATTEST: APP
Natha Wilkison, City Secretary Kevin Anderson, Mayor Pro Tem
1,111
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Ord. 3842008 Amending Peniormel Policy Pumbming &Contesting City & City M"crAoc 3 05-27-08