No contract, other than purchase orders for supplies and equipment and change orders authorized in accordance with Section 6, Chapter XXII of this Charter, shall be deemed executed on behalf of the city nor shall it be binding upon the city unless it has first been signed by the city manager and approved as to form by the city attorney. The expense thereof shall be charged to the proper appropriation. Whenever the contract charged to any appropriation equals the amount of said appropriation, no further contracts shall be signed. The publication of an ordinance or resolution to make it effective as an ordinance or resolution in accordance with Section 7 of Chapter XVIII of this Charter does not execute the ordinance or resolution as a contract unless the ordinance or resolution expressly so provides. (Amend. of 6-12-73, Prop. No. 36; Amend. of 4-3-76, Prop. No. 7; Amend. of 4-2-83, Prop. No. 1; Amend. of 8-12-89, Prop. No. 14; Amend. of 11-4-14, Prop. No. 9)
(a) All city contracts calling for or requiring the expenditure or payment of an amount required by state law to be competitively bid creating or imposing an obligation or liability of any nature or character upon the city, must first be submitted for competitive bids in accordance with this chapter. Such bids shall be based upon plans and specifications prepared for that purpose. Such contract shall be let to the lowest responsible bidder.
(b) The city council shall by ordinance establish rules by which a contract may be let without city council approval; however, a contract that is required to be bid and which is let to other than the lowest bidder shall be first approved by the city council. The amount below which city council approval is not required for a contract may not be changed more often than once every 24 months.
(c) The city shall have the right to reject any and all bids. The city in the first instance may elect to perform the work involved by its own forces or by day labor, or if such contract is let for bids and all are rejected, the city may either readvertise for competitive bidding or may thereafter perform such work with its own forces or by day labor. (Amend. of 4-2-83, Prop. No. 1; Amend. of 11-5-24)
The provisions regarding competitive bidding shall not apply in the following instances:
(1) In case of a public calamity where it becomes necessary to act at once to relieve the necessity of the residents or to preserve the property of the city.
(2) Where it is necessary to preserve or protect the public health of the residents of the city.
(3) In the case of unforeseen damage to public property, machinery, or equipment.
(4) Work done by employees of the city and paid for as such work progresses.
(5) The purchase of land, buildings, existing utility systems, or rights-of-way for authorized needs and purposes.
(6) Expenditures for or relating to improvements to the city’s water system, sewer system, streets or drainage (any one or all) where the cost of at least one-third of which is to be paid by special assessments levied against the properties to be benefitted thereby.
(7) Where the entire contractual obligation is to be paid from bond funds or current funds, or where an advertisement for bids has previously been published (in the manner authorized by law) but the current funds or bond funds are not adequate to permit the awarding of a contract, and the city council authorizes the issuance of certificates of obligation to provide the deficiency.
(8) The sale of any public security as such term is defined in Chapter 1204 of the Texas Government Code, as amended. (Amend. of 6-12-73, Prop. No. 38; Amend. of 11-8-05, Prop. No. 13; Amend. of 11-5-24)
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