2001-072-RES DECLARING AN EMERGENCY IN PURCHASE OF NEW AIR CONDITIONING SYSTEM FOR POLICE AND MUNI COURTS BLDG
RESOLUTION NO. 2001-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, DECLARING AN EMERGENCY IN THE PURCHASE OF
A NEW AIR CONDITIONING SYSTEM FOR THE POLICE AND
MUNICIPAL COURTS BUILDING; SUSPENDING THE REQUIREMENTS
OF STATE LA WREQUIRING FORMAL NOTICE AND ADVERTISEMENT
FOR BIDS; RATIFYING AND ACCEPTING INFORMAL BIDS;
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A PURCHASE CONTRACT OR
OTHER NECESSARY DOCUMENTS INCIDENT TO THE PURCHASE OF
AN AIR CONDITIONING SYSTEM FOR THE POLICE AND MUNICIPAl,
COURTS BUILDING; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the personnel at the Police and Municipal Courts Building of the City of Paris
conduct day-to-day activities incident to and necessary for the protection of the public health and
safety of the citizens of the City of Paris; and,
WHEREAS, the Police and Municipal Courts Building operates on a twenty-four hour basis,
including the operation of expensive and important computer and communications equipment which
is sensitive to temperature and atmospheric conditions; and,
WHEREAS, the Police and Municipal Courts Building also includes a detention facility for
detaining individuals for as long as seventy-two hours or longer; and,
WHEREAS, the ability to control the temperature and climate conditions in the Police and
Municipal Courts Building through the use of an effective and efficient air conditioning system is
an absolute necessity to the efficiency and operation of the Police Department, the Courts
Department, and the detention facility, and is an absolute necessity to the health and well being of
the police officers, dispatchers, court personnel, and jail detainees; and,
WHEREAS, Subchapter B of Chapter 252 of the Local Government Code provides that
competitive bidding is required before a municipality may enter into a contract that requires an
expenditure ofrnore than $15,000; and,
WHEREAS, Section 252.022 of Subchapter B of Chapter 252 of the Local Government
Code sets out exceptions and exemptions to the requirement for competitive bidding; and,
WHEREAS, the City of Paris, by action of the City Council, has adopted the requirements
of Chapter 242 for procurements by the City of Paris; and,
WHEREAS, Section 252.022 (a) (I), (2), and (3) of the Local Government Code provide
that procurements made because of a public calamity requiring the immediate appropriation of
money to relieve the necessity of the municipality's residents or to preserve the property of the
municipality, or a procurement necessary to preserve or protect the public health or safety of the
municipality's residents, or a procurernent necessary because of unforseen damage to public
machinery, equipment, or other property, are procurements exempt from the requirements of
competitive bidding set out therein; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, finds and determines that
the weather conditions pervasive in the state of Texas in the summer during the months of May
through August are customarily accompanied by extreme heat and humidity, and public facilities
containing sensitive equipment, personnel, jail detainees, and citizens may be at risk with regard to
their health, safety, and welfare without proper air conditioning; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That, in light of the anticipated extreme temperature and humidity conditions in
the state of Texas and the city of Paris customarily encountered during the months of May through
August, and the need to maintain police computers and emergency equipment, police
communications equipment, municipal court computers and equipment, and to protect the general
health and welfare of police officers, police department personnel, police dispatchers, municipal
court personnel, andjail detainees, and in accordance with the provisions of Section 252.022 (a)(l),
(2), and (3) of the Local Governrnent Code, the City Council does hereby in all thmgs declare an
emergency with regard to the need to acquire a new air conditioning system for the Police and
Municipal Courts Building of the City of Paris.
Section 3. That, by virtue of the declaration of said emergency, the City Council does hereby
suspend the requirements of State law requiring formal notice and advertisement for bids; does
hereby ratifY and confirm the taking of informal bids for the purchase of said air conditioning
system; and does hereby approve and authorize the City Manager to execute and the City Clerk to
attest to any and all documents necessary and incident to the acquisition of an air conditioning
system for the Police and Municipal Courts Building, based on the best and lowest price possible
through the receipt of said informal bids, the best delivery time, the best quality equipment, and such
other parameters as the City Manager shall deem appropriate, in the time frame available to the City
under said emergency conditions to acquire said air conditioning system in the shortest possible time.
Section 4. That the City Manager be, and is hereby, authorized to undertake any and all other
actions necessary in the implementation of this resolution.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of May, 2001.
ATTEST:
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~"'ct:i ~ ,~___
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Michael J. Pfiester, ay