O-2024-37 Increasing Contract Authority to Town Manager to $50,000TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-37
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 1.03.002, "AUTHORITY OF TOWN MANAGER
TO EXECUTE CERTAIN AGREEMENTS, CONTRACTS AND GRANT
APPLICATIONS," OF ARTICLE 1.03, "ADMINISTRATION," OF CHAPTER 1,
"GENERAL PROVISIONS," CODE OF ORDINANCES OF THE TOWN OF
PROSPER, TEXAS, BY INCREASING THE CONTRACT AND RELATED
AUTHORITY OF THE TOWN MANAGER TO $50,000.00 AND AUTHORIZING
THE DELEGATION OF SAID AUTHORITY TO ANY ASSISTANT TOWN
MANAGER; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, the Town's current ordinances allow and authorize the Town Manager, among
other things, to execute contracts and interlocal agreements not to exceed $25,000.00 without
first obtaining Town Councill approval; and
WHEREAS, due to the growth of the Town, the increase in the number of employees of
the Town, the increase in the number of contracts and agreements that the Town is required to
consider, approve and execute, and the delay occasionally experienced in the prompt execution
of contracts and agreements, the Town Council deems it prudent and advisable that the Town
Manager's signatory authority be increased to $50,000.00 and that the Town Manager should be
authorized to delegate such authority to any Assistant Town Manager; and
WHEREAS, the Town Council has determined it is in the best interest of the Town that this
issue be addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 1.03.002, "Authority of the
Town Manager to Execute Certain Agreements, Contracts and Grant Applications," of Article 1.03,
"Administration," of Chapter 1, "General Provisions," of the Code of Ordinances of the Town of
Prosper, Texas, is hereby amended to read as follows:
"Sec. 1.03.002 Authority of Town Manager to execute certain agreements, contracts and
grant applications.
(a) Authority of Town Manager to sign contracts. The Town Manager shall have
authority to sign all contracts not to exceed $50,000.00 without first obtaining Town Council
approval of each such contract to the extent only that funds have previously been allocated in
the Town's annual budget and are available for the purpose of said contract, and further
provided that Town Council approval of said contract is not otherwise required by law.
(b) Authority of Town Manager to approve change orders. The Town Manager shall
have authority relative to public improvements or purchases subject to the competitive sealed
bidding and competitive sealed proposal requirements of V.T.C.A., Local Government Code,
Ch. 252, as amended, to approve change orders involving an increase or decrease in the
amount of $50,000.00 or less, without approval of the Town Council.
(c) Authority to sign interlocal agreements. The Town Manager shall have the
authority to sign any and all interlocal agreements between the town and any governmental
entity authorized to enter into such interlocal agreements, pursuant to V.T.C.A. Government
Code, Ch. 791, as amended, without first obtaining Town Council approval of such interlocal
agreement. The Town Manager's authority to sign such interlocal agreements is limited to those
interlocal agreements that do not require any expenditure in excess of $50,000.00.
(d) Authority of Town Manager to sign grant applications. The Town Manager shall
have authority to sign grant applications, and related documentation, for prospective grants of
less than $50,000.00 without first obtaining Town Council approval of each such grant. For
prospective grants of $50,000.00 or more, the Town Manager may sign grant applications, and
related documentation, and thereafter seek ratification of the grant application, and related
documentation, by the Town Council.
(e) Town Manager delegation of authority. The Town Manager may delegate any
signatory or approval authority referenced in this section to any Assistant or Deputy Town
Manager."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 28TH DAY OF MAY, 2024.
Ordinance No. 2024-37-Page 2
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2024-37-Page 3