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HomeMy WebLinkAboutRES 1990-028 . CITY OF GRAPEVINE, TEXAS RESOLUTION NO. 90-28 A RESOLUTION OF THE CITY COUNCIL OF THE GITY pF GR.APEVINE� TEXAS MAKING� �'�NDINGS OF CERTAIN FACTS RETaATIV� TO THE PURCHASE OF AN ��, INTOXILYZER MODEL 5000f DETERMINING THAT THE INTQXILYZER MODEL SOOQ IS AVAYLABLE FROM � ONLY ONE SOURC�; DETERMINING THAT THE PURCHASE OF THE INT�XILYZER MOAEL 5000 IS '�"" � NECESSARY TO PRESERVE AND PROTECT THE PUBLIC HEALTH AND SAFETY OF THE CITY'S RESIDENTS; _ AUTHQRIZING THE PURCHASE OF AN INTOXILYZER MODEL 5000 FROM CM�/MPH FOR TH� AM�UNT OF $5, 680. 00; PROVYDING A S�VER.ABILITY CLAUSE; DECLARING AN EFFECTIVE DATE. wHE�t�AS, the Texa� Department of Public Safety ( "DPS" ) has ordered that the administratian of breath alcohol teating pursuant ta Art. 67011-5, V.T.C.S. , Bhall be performed ueing an � Intoxilyzer Model 5Q00; and � _ WHEREAS, currently, the City of Grapevine, Texas has an � Intoxilyzer Model 4011A5-A which is beinq rendered obsolete by � the administratl.ve deeis�on o� the DPS to switah to the � intaxi2yzer Model 5000, which administrative decision is effective as of October 31, 1990; and WHEREAS, according to Max Courtney, the Technical Supervi�ar of the Breath Alcohol Testinq Program far Area 22 , which area include� the City of Grapevine, CMI�MPH i� the �ole � � manufacturer ot the Intoxi3.yxer Mode1 5000; and WHEREAS, th� City e�taff has been unable to find anyone ��� � except CMI�MPH who manufacture� the intaxilyzer Model 5000; and WHEREAS, in arder to have an Intox.�lyzer Model 5000 in place by October 31, 1990, a purcha�e order need� to be made by September 1, 1994; and WHEREAS� th6 City Council �ind� and detex�riineg that CMI/MPH is the so�le sauxce �or abtaining an Intoxily2eac Model. . 50Q� nnd th�t the purchase of the Intoxilyzer Model 5000 is necessary tv p.�esexve and protect the publia bealth and sa�e�y of the City� e� residents . � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXASs Section 1 . Thst �11 of the above premisea are found to be true and correct� and are incorpoxated �.nto the body of th�.s reaalutian as if copied in their entirety. � Sec�ion 2. The City Council suthorize� the purcha�e of one (1) Intaxilyzer Model 500� from CMI�MPH fo� the tota�. ,�« amount af Five Thousand Six Hundred Eighty Dollar� ($5,580 .Q0) , Section 3 . The City Manager, or hia desiqnee, ia authorized �o �ake all stepg neceg�ary to canaummate the � purcha�e of the Intoxilyzer Model 5000 ae provided in Section 2 . Section 4 . If eny gection, article, paraqraph, sentence, clause, phrase or word in this resalu�ion, or appl�cation thereo� to any person� or circum$tancee ie held invalid or uncon�ctitutional by a Court of competent juri$diction, such halding shall not affect the validity of the remaining portions of this resolution; and the City Cauncil hereby decl�res it would have passed such remaining portiona of the resolution despite �uch inv�lidity, which remaining portions shall remain in full farce and �ffect. Section 5. That thi� re�olution shall take effect from and after the date of ita paesage. � ,�� FASSED AND APPROV�D by the City Council of the City of Grapevine, Texas th�s Lh� 21st da o� Au ust , lggp , � Wil iam D. �Tate Mayor : A�TESTs Linda Huff . City Secretary � APPROVED AS TO FORM= � �� John F. Boyle, ;Jr. City Attorney �. ,ry �...�,. � � . w�• -2- 0436L