2020-09 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DELEGATING AUTHORITY TO THE TOWN'S PURCHASING
MANAGER TO DETERMINE THE BEST METHOD OF PROCUREMENT FOR
THE PURCHASE OF GOODS AND SERVICES; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is a home -rule municipal corporation duly organized
under the laws of the State of Texas, and
WHEREAS, Section 252.021(c) of the Texas Local Government Code, as amended,
provides, in part, that "[t]he governing body of a municipality that is considering using a method
other than competitive sealed bidding must determine before notice is given the method of
purchase that provides the best value for the municipality" and "may delegate, as appropriate, its
authority under this subsection to a designated representative", and
WHEREAS, that same section of the Texas Local Government Code further provides that
"[i]f the competitive sealed proposals requirement applies to the contract, the municipality shall
consider the criteria described by Section 252.043(b) [of the Texas Local Government Code] and
the discussions conducted under Section 252.042 [of the Texas Local Government Code] to
determine the best value for the municipality"; and
WHEREAS, Section 2269.056(a) of the Texas Government Code, as amended, provides,
in part, that "[t]he governing body of a governmental entity that considers a construction contract
using a method authorized by this chapter other than competitive sealed bidding must, before
advertising, determine which method provides the best value for the governmental entity"; and
WHEREAS, Section 2269.055(a) of the Texas Government Code, as amended, provides
the criteria to consider in determining the award of a contract under this chapter; and
WHEREAS, Section 2269.053(a) of the Texas Government Code, as amended, provides
that "The governing body of a governmental entity may delegate its authority under this chapter
regarding an action authorized or required by this chapter to a designated representative,
committee, or other person"; and
WHEREAS, Section 2269.063(b) of the Texas Government Code, as amended, provides
that "The governmental entity shall provide notice of the delegation, the limits of the delegation,
and the name or title of each person designated under Subsection (a) by rule or in the request for
bids, proposals, or qualification or in an addendum to the request", and
WHEREAS, it is the desire of the Town Council to delegate such authority to the Town's
Purchasing Manager, and to direct the Purchasing Manager to determine the best method of
procurement of goods and services for the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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1
SFrTIr)N 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby delegates to and authorizes the Town's Purchasing Manager
to determine the best method of procurement of goods and services for the Town.
SFrTION I
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 25TH DAY OF FEBRUARY, 2020.
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Ray SM1th,j Mayor
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ATTEST:
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Robyn EAttle, Town Secret ry
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2020-09, Page 2