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ORD 2011-22TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-22 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED "ADMINISTRATION", BY ADDING SECTION 2.01 ENTITLED "SIGNATURE AUTHORITY -MAYOR AND TOWN MANAGER" TO ARTICLE II, ENTITLED "TOWN MANAGER", SETTING FORTH THE SIGNATURE AUTHORITY OF THE MAYOR AND THE TOWN MANAGER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE 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, Sections 3.06 and 3.06A 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 All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENT 2.01. Chapter 1 entitled "Administration" of the Code of Ordinances is amended to add Article II entitled 'Town Manager," Section 2.01 entitled "Signature Authority -Mayor and Town Manager" which is hereby adopted and shall be and read in its entirety as follows: "2.01 Signature Authority -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. 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: ORO 2011-22 1. Contracts for the purchase of goods or services equal to or less than twenty five thousand dollars ($25,000.00) 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 twenty five thousand dollars ($25,000.00) 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; 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. An individual Contract Change Order for an amount of Ten Thousand Dollars ($10,000.00) or less or multiple Contract Change Orders with a cumulative total of Twenty-Five Thousand Dollars ($25,000.00) or less; Page 2 of4 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. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the 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 application thereof 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 this Ordinance despite such invalidity or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council 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 adoption and publication as provided by law, and it is so ordained. ORO 2011-22 Page 3 of4 PASSED AND APPROVED by the Town of Trophy Club, Texas this the 6th day of June, 2011 T-9wn Secretary, Shannon DePrater Town of Trophy Club, Texas APPROVED TO AS FORM: ~t.A&uC~t!t1;Q) Town Attorney, Patricia A. Adams Town of Trophy Club, Texas ORD 2011-22 Mayor, Connie White Town of Trophy Club, Texas [SEAL] Page 4 014