16-75 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-75
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 AND CONTRACTS," OF ARTICLE
1.03, "ADMINISTRATION," OF CHAPTER 1, "GENERAL PROVISIONS," OF
THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY
ADDING A NEW SUBSECTION (d) TO SAID SECTION RELATIVE TO THE
EXECUTION OF GRANT APPLICATIONS, AS REFERENCED MORE FULLY
HEREIN, AND AMENDING THE TITLE OF THE SECTION TO "AUTHORITY
OF TOWN MANAGER TO EXECUTE CERTAIN AGREEMENTS, CONTRACTS
AND GRANT APPLICATIONS;" 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, the Town has been confronted with situations where, due to exigent
circumstances, grant funds may be available to assist in addressing exigent circumstances and
application for such grant funds must be promptly made, on occasion with such time constraints
that council approval of a grant application is not feasible; and
WHEREAS, the Town has determined that it is desirable that it delegate to the Town
Manager the authority to sign grant application forms for prospective grants of less than
$25,000.00 without Town Council approval, and for prospective grants of $25,000.00 or more,
the Town Manager may sign grant application forms and thereafter seek ratification of the grant
application by the Town Council.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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, Section 1.03.002, "Authority of town
manager to execute certain agreements and contracts," 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
(d) Authority of town mann or to sin grant.,applications. The town manager shall have
authority to sign grant applications, and related documentation, for prospective grants of less
than $25,000.00 without first obtaining Town Council approval of each such grant. For
prospective grants of$25,000.00 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."
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
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 6
This Ordinance shall take effect and be in full force from and after its passage as
required by law.
,yt AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROS T !IS THE 13TH DAY OF DECEMBER, 2016.
APPROVED:
o .0%, Ray Smith, ayor
AS
Robyn B#ftle-, t6irn -ecretary
APPROVED AS TO FORM:
Terrence S. Welch Town Attorney
Ordinance No.16-75,Page 2