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Ord 33-2014 7/15/2014PAGE 1 OF 1 PAGES AGENDA ITEM NO. 7.B ORDINANCE NO. 33-2014 Ordinance authorizing the Public Works Department to proceed with an Evaporation Suppression Project, purchase WaterSavr evaporation control product from Flexible Solutions International Inc. and related entities, and appropriate $375,000 in the General Fund to finance said purchase WHEREAS, the City of Wichita Falls, Texas (the “City”) is responsible for management of water supply for its water users and desires to extend the water supply; WHEREAS, the City has applied for approval from the TCEQ for the use of WaterSavr Product on its water supply reservoirs; WHEREAS, Texas Local Gov’t Code § 252.022(a)(7)(A) exempts from competitive bidding “items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies,” and the City finds this purchase is exempt pursuant to said section becaus e Flexible Solutions International Inc. has filed United States Patent 6,303,133 (attached); WHEREAS, the City Council finds that this purchase is exempt from the requirements for competitive bidding pursuant to Tex. Local Gov’t Code § 252.022(a)(2) because it is a procurement necessary to preserve or protect the public health and safety of the residents of the City of Wichita Falls; and WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the 2013-2014 budget. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Public Works Department of the City of Wichita Falls is hereby authorized to proceed with an Evaporation Suppression project, staff is authorized to purchase the WaterSavr evaporation control product from Flexible Solutions International Inc. and related entities, and $375,000 of General Fund reserves is appropriated to the 2013-14 budget to pay for the cost of said purchase and project. PASSED AND APPROVED this 15th day of July, 2014. ______________________________ M A Y O R ATTEST: ____________________ City Clerk