HomeMy WebLinkAboutR22-581245
RESOLUTION R22-581
A RESOLUTION RATIFYING AND APPROVING THE EMERGENCY
EXPENDITURE OF $160,950 FOR PUBLIC HEALTH AND SAFETY FOR
THE SEWER LINE REPAIR AT S.E. 9T" AND SOUTH BROADWAY
UNDER TEXAS LOCAL GOVERNMENT CODE SECTION 252.022(a)(2)
FOR PUBLIC HEALTH AND SAFETY PURPOSES.
WHEREAS, the City of Plainview, Texas pursuant to the constitution and laws of
the State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home rule city, and in accordance with the Plainview City Charter has
the authority to purchase and expend public funds for the benefit of the public health,
safety, morals, or general welfare of the citizens of the City of Plainview; and
WHEREAS, the City of Plainview owns and operates a wastewater and sanitary
sewer system collecting and disposing of wastewater throughout the municipal limits of
the City of Plainview; and
WHEREAS, due to the age of the infrastructure it was discovered that a sanitary
sewer line had collapsed and was leaking sewage in the alley between 8th and 9th Streets
and Broadway and Beech Streets in a residential neighborhood in Plainview; and
WHEREAS, due to the depth of the sanitary sewer line, the narrowness of the
alleyway and the size of the collapsed sanitary sewer line, the City of Plainview was
unable to repair the sanitary sewer line with equipment owned by the City of Plainview or
with City of Plainview Public Works Department personnel; and
WHEREAS, due to the threat to public health caused by raw sewage being
released into the alley in a residential neighborhood, it was necessary for the City
Manager of the City of Plainview to secure the services of a private company to
immediately start the repairs of the sanitary sewer line; and
WHEREAS, as a municipality and political subdivision of the State of Texas the
City of Plainview is required to follow the competitive bidding requirements of Chapter
252 of the Texas Local Government Code for expenditures of over $50,000.00; and
WHEREAS, Texas §252.022(a)(2) of the Texas Local Government Code exempts
from competitive bidding requirements for a "procurement necessary to preserve or
protect the public health or safety of the municipality's residents"; and
WHEREAS, the City Council of the City of Plainview believes the actions taken by
the City Manager was in the best interest of the citizens of Plainview in order to protect
the health, safety and welfare of the citizens of Plainview to repair the collapsed sanitary
sewer line and falls under Texas §252.022(a)(2) of the Texas Local Government Code
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exempting from competitive bidding requirements for a "procurement necessary to
preserve or protect the public health or safety of the municipality's residents";
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW THAT:
SECTION 1. The recitals and findings outlined above are approved, adopted and
incorporated herein as though set forth fully herein.
SECTION 2. The procurement of services and expenditure of $160,950.00 by the
City Manager of the City of Plainview without following the competitive bidding
requirements of Chapter 252 of the Texas Local Government Code is hereby approved
and ratified by the City Council of the City of Plainview pursuant to §252.022(a)(2) of the
Texas Local Government Code as being necessary to preserve or protect the public
health or safety of the City of Plainview's residents.
SECTION 3. Should any paragraph, section, sentence, phrase, clause or word of
this resolution be declared unconstitutional or invalid for any reason, the remainder of this
resolution shall not be affected thereby.
PASSED AND APPROVED this 8th day of November, 2022.
ATTEST:
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Belinda Hinojosa, City Secr ry
Resolution R22-581
Charles gtarnos, Mayor
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