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O-1869-9-008)90 1 aMlasj DFi!CI>iF.IS+IIIIrb AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, BY AMENDING CHAPTER 2, ARTICLE VII, SECTION 2-102 TO ESTABLISH THE POWERS AND AUTHORITY OF THE CITY MANAGER; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABELM CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 2, Article VB, Administrative Departments, Section 2-102 in part to read as follows: "ARTICLE VII. ADMINISTRATIVE DEPARTMENTS Ser 2-102. City manager. (a) The city manager or designee shall have those powers and duties provided in the City Charter and as otherwise provided by the city council or by ordinance. I (b) The purpose of this section is to delegate authority to the city manager or designee to make purchases, execute contracts and approve change orders and contracts for expenditures without further approval of the city council for all budgeted items not exceeding limits set by the city council. (c) Whenever this Code, another city ordinance or a city council resolution delegates a duty, power, or function to a specific employee who is responsible to the city manager, that duty, power or function may at the discretion of the city manager, as a chief administrative and executive officer of the city, also be performed or exercised by a city employee designated by the city manager to perform or exercise that duty, power or function. (d) A contract for personal or professional services, if provided in the budget, may be authorized by the city manager by administrative action without further council action. (e) If an original contract was competitively bid with the provision for one or more renewal options, the city manager may, by administrative action without further city council action, exercise each renewal option and authorize a contract for the specified renewal term. (f) No expenditure exceeding $15,000 or a greater amount if allowed by state law, may be made without competitive bids except when the expenditure falls within one of the general exemptions provided in Section 252.022 of the Texas Local Government Code as amended, provided, however, that in the event of an emergency expenditure, such emergency shall be declared by the city manager and approved or ratified by the city council or may be declared by the city council in its resolution authorizing execution of the contract. ' (g) The city manager or designee is authorized to approve change orders subject to any restrictions imposed by state law provided, however, there are budgeted funds to cover any increase in costs to the city. (h) The city manager is granted actual and express authority to make purchases, execute contracts and approve change orders for the city. The city manager has implied authority to do what is proper, usual, and ' necessary to exercise the authority that has been expressly delegated to the city manager by ordinance, including, but not limited to, appointing a purchasing agent or other designee to sign and execute purchase orders, contracts and change orders on behalf of the city manager. (i) The city manager is authorized to initiate the process for contracts pertaining to public improvements or the maintenance of public property. 0) The city manager is authorized to execute easements, deeds or other instruments for budgeted items, approved capital projects and facilities agreements." SECTION 2. All ordinances and provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provision of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN ' COUNTY, TEXAS, ON THIS THE Ub DAY OF September , 2000. APPROVED: (rn/ --� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: CITY SECRETARY Ordinance No. 1869-9-00 Page