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ORD 2016-18TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING SECTION 1.02.001 ENTITLED, "SIGNATURE AUTHORITY OF MAYOR AND TOWN MANAGER" OF DIVISION 1, ENTITLED "GENERALLY" OF ARTICLE 1.02 ENTITLED "ADMINISTRATION" OF CHAPTER 1 ENTITLED, "GENERAL PROVISIONS" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW SECTION 1.02.001 ENTITLED "SIGNATURE AUTHORITY OF MAYOR AND TOWN MANAGER"; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, Section 3.06 of Article III of the Town's Home Rule Charter provides that the Mayor shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of the Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation; and WHEREAS, Section 4.05 of the Town's Home Rule Charter sets forth specific duties of the Town Manager which include the duty to implement the final budget approved by the Council in order to achieve the goals of the Town and to perform other duties as prescribed by Council via ordinance; and WHEREAS, the Town Council has adopted procurement policies allowing the Town Manager oversight of procurement for the Town; and WHEREAS, in order to facilitate the efficient operation of the Town and the implementation of the final budget, it is necessary to authorize the Town Manager to execute certain documents; and WHEREAS, the Town Council has determined that pursuant to the Charter, the Mayor and the Town Manager should be authorized to execute documents in accordance with the guidelines set forth below; and NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01. Section 1.02.001 entitled "Signature Authority of Mayor and Town Manager" is hereby repealed and a new of Section 1.02.001 entitled "Signature Authority of Mayor and Town Manager" Division 1 entitled "Generally" of Article 1.02 entitled "Administration" of Chapter 1 entitled "General Provisions" of the Town of Trophy Club Code of Ordinances is hereby adopted, so that Section 1.02.001, "Signature Authority of Mayor and Town Manager" shall be and read in its entirety as follows: CHAPTER 1 GENERAL PROVISIONS Article 1.02 Administration Division 1. Generally "1.02.001 Signature Authority of Mayor and Town Manager. A. Mayor. The Mayor of the Town of Trophy Club or designee (hereinafter "Mayor") is hereby authorized to execute all documents as authorized by the Town's Home Rule Charter and/or as otherwise expressly authorized by official action of the Town Council. B. Town Manager. The following contracts may be entered into and executed on behalf of the Town by the Town Manager or designee (hereinafter "Town Manager") without further Council authorization: 1. Contracts for the purchase of goods or services equal to or less than fifty thousand dollars ($50,000.00) for which funds have been budgeted or anticipated in the fiscal year during which payment is due; 2. Contracts for the purchase of goods or services in excess of fifty thousand dollars ($50,000.00) for which funds have been budgeted in the fiscal year during which payment is due and which are purchased from a cooperative purchasing vendor approved by Resolution in accordance with the Town's Procurement Policies and Procedures; ORD 2016-18 Page 2 of 4 3. Contracts for goods or services which do not require an expenditure of funds and which are determined necessary for the efficient operation of the Town and the implementation of the final budget; 4. Contracts for the use of Town owned facilities; 5. Change Orders for the lesser of an amount of Fifty Thousand Dollars ($50,000.00) or Twenty -Five Percent (25%) of the original contract price; 6. Settlement Agreements after approval by Town Council; 7. Contracts for purchases made pursuant to the Emergency Management Policy and Procedure for the Town of Trophy Club in effect at the time of the purchase; and 8. Contracts for which the Town Council has otherwise expressly provided authorization for execution by the Town Manager." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting signature authority and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2016-18 Page 3 of 4 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 10th day of May 2016. ATTEST: Holly Fimb es, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. A , Town Attorney Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] r� A 0'0 � r c * m ,yam✓��� 19�y* Yi, ORD 2016-18 Page 4 of 4