13-53 O - Amend Chapter 1 of Code of Ordinances, Authorizing Town Manager to Execute Contracts, Change Orders, and Interlocal Agreements TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-53
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 1, "GENERAL PROVISIONS," OF THE CODE
OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A
NEW ARTICLE 1.12, ENTITLED "AUTHORITY OF TOWN MANAGER TO
EXECUTE CERTAIN AGREEMENTS AND CONTRACTS," RELATIVE TO THE
EXECUTION OF CONTRACTS NOT EXCEEDING THE COMPETITIVE
BIDDING PROVISIONS OF STATE LAW, CHANGE ORDERS AND
INTERLOCAL AGREEMENTS, AS REFERENCED MORE FULLY HEREIN;
REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 7.15(1) of the Town Charter of the Town of Prosper,
Texas, as amended, the Town Council may, by ordinance, give the Town Manager general
authority to contract for expenditure without further approval from the Town Council for all
budgeted items not exceeding limits set by the Town Council within the ordinance; and
WHEREAS, over the years, the Town has entered into several cooperative purchasing
agreements, pursuant to the authority contained in Section 791.025 of the Texas Government
Code, as amended, with other governmental entities so that the Town may avail itself of price
discounts and other advantages gained by said purchasing agreements; and
WHEREAS, the Town has determined that many interlocal agreements entered into
pursuant to Chapter 791 of the Texas Government Code, including purchasing agreements and
agreements with other governmental entities relative to authorized governmental functions and
services, as defined in Section 791.003(3) of the Texas Government Code, as amended, do not
involve the expenditure of funds or involve relatively small amounts of funds; and
WHEREAS, the Town Council of the Town of Prosper, Texas, finds that it is desirable
that it delegate to the Town Manager the authority to sign said interlocal agreements on behalf
of the Town and that the Town will benefit from the expeditious authorization of such interlocal
agreements, particularly in the purchase of goods and services; and
WHEREAS, Attorney General Opinion No. GA-0352 (2005) specifically authorizes the
governing bodies of governmental entities to delegate such interlocal agreement approval
authority and therefore, the Town Council hereby authorizes the Town Manager to sign and
execute those interlocal agreements referenced in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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SECTION 1
All of the above premises are hereby found to be true and correct factual and legislative
determinations of the Town of Prosper and are hereby approved and incorporated into the body
of this Ordinance as if copied in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Chapter 1, "General Provisions," of
the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by the addition of a
new Article 1.12, "Authority of Town Manager to Execute Certain Agreements and Contracts," to
read as follows:
"ARTICLE 1.12 AUTHORITY OF TOWN MANAGER TO EXECUTE CERTAIN
AGREEMENTS AND CONTRACTS
Sec. 1.12.001 Authority of Town Manager to Sign Contracts
The Town Manager shall have authority to sign all contracts not to exceed $25,000.00 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.
Sec. 1.12.002 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 Chapter 252 of
the Texas Local Government Code, as amended, to approve change orders involving an
increase or decrease in the amount of $25,000.00 or less, without approval of the Town
Council."
Sec. 1.12.003 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 Chapter 791 of the Texas Government Code, 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$25,000.00.
Sec. 1.12.004-1.12.010. Reserved."
SECTION 3
This Ordinance shall be cumulative of all provisions of ordinances of the Town of
Prosper, Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 4
It is hereby declared to be the intention of the Town 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 any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would
Ordinance No.13-53,Page 2
have been enacted by the Town Council without the incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions
shall remain in full force and effect.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage as
required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 24TH DAY OF SEPTEMBER, 2013.
APPROVED:
I
.r
Ray Smith, AYOR
ATTES
Robyn B zle, TOWN SECRETARY
APPROVED AS TO FORM:
Terrence S. Welch, TOWN ATTORNEY
Ordinance No.13-53,Page 3