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City Council |
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Agenda Request |
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Agenda Of: |
10-20-09 |
Agenda Request No: |
viii-c |
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Initiated By: |
Aaron Dobbs Assistant City Attorney |
Responsible Department: |
City Attorney |
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Presented By: |
Aaron Dobbs Assistant City Attorney |
Department Head: |
Joe Morris City Attorney |
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Karen Daly Assistant City Manager |
Additional Department. Head (s): |
Linda Symank Director of Fiscal Services |
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Subject / Proceeding: |
City Manager Authority Ordinance |
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Exhibits: |
Ordinance No. 1758 |
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Clearances |
Approval |
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Legal: |
n/a |
Executive Director: |
n/a |
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Purchasing: |
n/a |
Asst. City Manager: |
Karen Daly |
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Budget: |
n/a |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure Required: $ |
n/a |
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Current Budget:
$ |
n/a |
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Additional Funding:
$ |
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Recommended Action |
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Amend Chapter 2 of the Code of Ordinances relating to the city manager’s authority over purchases and real estate matters. |
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Executive Summary |
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From time to time, the Texas State Legislature will amend purchasing and bidding laws that directly affect local governments. In 2007, the State Legislature changed the competitive purchasing limit from $25,000 to $50,000. In order to mirror the state’s competitive purchasing limits, it is being recommended that Section 2 of the City’s Code of Ordinances be amended to change the city manager’s authority over purchases to not exceed $50,000. In a separate section of Chapter 2, it is being recommended that the real estate transaction limit also be increased from $25,000 to $50,000. This reduces confusion regarding the monetary approval limit for the city manager by making the financial limits in Chapter 2 the same amount. Several other changes are being recommended for Chapter 2. The first change would permit the city manager to approve leases, licenses and rights of use that are less than one year. This proposal is being recommended to allow the City to quickly respond to short-term requests that are beneficial to the City’s operations. Another proposed change is the granting of easements, rights-of-way, or right of use across city property to provide services to a city facility or structure. This would allow for the processing of easements necessary to operate a city facility. The third portion of the real property recommendation deals with releasing easements, rights-of-way or rights of use if the City is not using and has no further need for an easement. This has been included to allow the city manager to abandon easements that were dedicated and not used or where utilities have been relocated and the easement is no longer needed. The final portion of the ordinance recommends adding language that gives the city manager the ability to use competitive seal proposal procedures as allowed in State law. The competitive sealed proposal methods would be used for the purchase of goods and services, and for civil engineering construction projects that are less than $1.5 million. The City Manager would determine that this purchasing method provides the best value for the City. Contracts over $50,000 would still need approval by the City Council. At the September 17 Audit & Finance Committee, the Committee recommended to also include a sunset provision to revisit all of the City Manager’s Authority at a three year interval. This recommendation has been included in the proposed ordinance revisions. It is requested that the City Council approve Ordinance No. 1758 amending Chapter 2 of the Code of Ordinances relating to the City Manager’s Authority. |
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Exhibits |
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ORDINANCE NO. 1758
AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES RELATING TO THE CITY MANAGER’S AUTHORITY OVER PURCHASES AND REAL ESTATE MATTERS; AND PROVIDING FOR THE PERIODIC REVIEW OF SECTION 2-11 OF THE CODE OF ORDINANCES.
WHEREAS, to provide for more efficient operations of City government, the City Council wishes to amend the Code of Ordinances to allow the city manager to take specific administrative actions relating to real property, civil construction projects, and certain purchases of goods and services, and to provide for the periodic review of the authorities and powers delegated to the city manager; NOW, THEREFORE;
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
SUGAR LAND, TEXAS:
Section 1. That Section 2-11(a) of the Code of Ordinances, relating to the authority of the city manager, is amended by amending Paragraphs (3), (6), and (7) to read as follows:
(3) Services, goods, and materials. Approve a contract for receiving or providing services or for the purchase of materials or goods if the approval does not require or result in an expenditure of more than $50,000 of city funds in one fiscal year. The authority granted in this paragraph does not apply to a series of contracts for the same services or a series of purchases of the same materials or goods if the amount to be paid for the services, materials, or goods, when added together in one fiscal year, require or result in the expenditure of more than $50,000 of city funds in one fiscal year.
(6) Leases, licenses, and rights of use. Authorize or approve the lease, license, or right of use of improved or unimproved real property owned by the city if the term of the lease, license, or right of use does not exceed one year.
(7) Real Property. As to interests in real property:
a. Acquire fee title, an easement, a right-of-way, a license, or a right of use in real property, if the acquisition cost does not exceed $50,000.
b.
Grant an easement, a right-of-way, a license, or a right of use across
city property to provide utility service, including electric, gas, cable,
telecommunication, internet, or information service, to a city facility or
structure.
c. Release the city’s rights, if any, in an easement, a right-of-way, a license, or a right of use if the real property is not currently used for any public purpose and the city manager determines there will be no further need for the easement, right-of-way, license, or right of use.
Section 2. That
Section 2-11(a) of the Code of Ordinances is amended by adding Paragraph (10)
to read as follows:
(10) Competitive
Sealed Proposals. Approve the use of competitive sealed
proposal procedures as provided in state law for:
a. the purchase of
goods and services; and
b. civil
engineering construction projects that require an expenditure of $1.5 million
or less.
Section 3. That
Section 2-11of the Code of Ordinances is amended by adding Subsections (d) and
(e) to read as follows:
(d) Before December 31, 2012, and every third
year thereafter, the city council must:
(1) Review the need to continue the delegation of
the authorities and powers under this section; and
(2) Repeal, continue, or modify this section
(e) The city council’s failure to act in accordance with Subsection (d) will cause this section to expire.
APPROVED on first consideration on _________________________, 2009.
ADOPTED upon second consideration on ______________________, 2009.
__________________________
James A. Thompson, Mayor
ATTEST: Reviewed for Legal Compliance:
_____________________________
Glenda Gundermann, City Secretary
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