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15-R-56 - Vulcan Materials Company for Street Upgrade ProjectsRESOLUTION NO. 15 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE USE OF A STATE OF TEXAS COOPERATIVE CONTRACT WITH VULCAN MATERIALS COMPANY FOR EXPENDITURES TOTALING NO MORE THAN $80,000 FOR ASPHALT AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED STREET UPGRADE AND REPAIR PROJECTS DURING REMAINDER OF THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") needs asphalt and related materials for the completion of various separate and unrelated street upgrade and repair projects; and WHEREAS, Subchapters D and F of Chapter 271 of the Local Government Code authorize cities to participate in cooperatives with the state or other local governments for the purpose of procuring goods and services; and WHEREAS, the City's Purchasing Policy, adopted and approved by the City Council of the City (the "City Council ") pursuant to Resolution No. 11 -R -14, authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts; and WHEREAS, the total amount of the various separate and unrelated purchases for asphalt and related materials that the City expended with Brauntex Materials, Inc. during the 2014 -15 fiscal year has exceeded $50,000; and WHEREAS, staff has identified a State Cooperative Contract with Vulcan Materials Company; and WHEREAS, staff requests that City Council approve the use of the Cooperative State Government Contract with Vulcan Materials Company for asphalt and other material for street upgrade and repair projects in an amount not to exceed $80,000 for the remainder of Fiscal Year 2014 -15. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the use of the State Cooperative Contract with Vulcan Materials Company for asphalt and unrelated materials for various and unrelated street upgrade and repair projects with expenditures not to exceed $80,000 for the remainder of Fiscal Year 2014 -15. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of July 2015. ATTEST: r 4. Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS az� Michael R. Carpenter, Mayor -2-