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G-11-07-28-11C1 - 7/28/2011ORDINANCE NO. 4(iA 2r ((C'( AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-326(b), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING CHANGE ORDERS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That Chapter 2, Section 2-326(b), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 2-326. - General authority to contract for expenditures and approve certain change orders. (b) Contract change order. The city manager or his designee may approve change orders under the following conditions: (1) Any change involving a decrease or increase in cost of $50,000.00 or less; and (2) Provided, however, that the original contract price may not be increased by more than 25 percent or decreased by more than 25 percent without the consent of the contractor to such decrease. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. O:\wdox\SCClnts\0112\ 1104\MUNICIPAL \00227903.DOC/sls Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first readingthis 2611 day of 5hbvr , 2011. Alternative 2. READ and APPROVED on first reading this the day of , 2011. READ, APPROVED and ADOPTED on second reading this the day of , 2011. ATTEST: SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 2 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 11C1. Ci Council A enda Summar Sheet Consider an ordinance amending Chapter 2, Sec. 2-326(b), Code of Ordinances, to Agenda Caption: increase the authority of the City Manager to approve change orders. (First Reading) Meeting Date: July 28, 2011 Department: Administration Staff Person making presentation: Steve Sheets City Attorney Item Summary: HB 679 amends the Local Government Code and the Water Code to allow a board or a governing body of a municipality, county, special district, water district, or authority to grant authority to an official or employee to approve a construction contract change order that involves a decrease or increase of $50,000 or less. This ordinance would incorporate the changes in this state law regarding contracts for public works projects or the purchase of materials into the City's Code of Ordinances. If a change order involves a decrease or increase of $50,000 or Tess, state law now permits the City Council to grant general authority to the City Manager to approve the change orders. Currently, the Code of Ordinances reflects the old state law and limits the City Manager's change order approval authority to $25,000 or less. In consideration of the time saved in approving contract changes, meeting construction timetables and in consideration of the safeguards in place, staff recommends approval of this ordinance. Strategic Plan Relevance: 8.0 — Maintain and enhance public confidence, satisfaction and trust in City government. Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): N/A Recommended Action: Approval