ORDER NO. 2].809 APFROVAL TO ADVb:RTISk~ FOR RIDS ON F~iJIPMF.NT BY THE HO[JR IN TH'E ROAD AND F3RIDGE DEPARTMENT On this thc~ ].st. day of_ February 7.994, up«n motion made by Commis:,ioner Oehler, scrr_oncieci l:>y Commis:;ioner Holekamp, the c~ourl-. ~~nanimously a~~prov~-rd Y~y a vote of 4-0-0, to advertiser far Y~iy the ho~_ir in ttte Road and Bridge Department.. COMMISSfONERS' COURT AGENDA REQUEST * PLEASE FURNISH ONE ORiGiNAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston ,P.E. OFFICE: Road & Bridge Department Leonard Odom, Jr. MEETING DATE: February 1, 1994 TIME PREFERRED: 9:30 a.m. SUBJECT: (PLEASE BE SPECIFIC): Consider advertisina for bids on equipment by the hour. EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON : Consider advertising for bid ESTIMATED LENGTH OF PRESENTATION: 10 Minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston/ Leonard Odom Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: Meetings held on second Tuesday: 12:00 P.M. previous Wednesday ` Meetings held on Thursdays : 5:00 P.M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines.) Memorandum 7'0: Commissioners' Court From: Leonard Odom, Jr. & Franklin Johnston, P.E. ~ ; Date: 01/2611994 Subject: Consider Advertising for Bid on Equipment by the Hour We ask that you consider allowing the Road & Bridge department to advertise for bid on equipment by the hour. Attached is a legal opinion from David Motley, County Attorney, concerning the process. COUNTY ATTORNEY COUNTY OF KERB STATE OF TEXAS DAYID MOTLEY, County Attomey ILSE D. BAILEY, Assittan[ County Attomey HAROLD J. DANFORD, Assis[ant County At[orncy December 30, 1993 Mr. Franklin Johnston County Engineer ~ Kerr County Road & Bridge Dept. 4010 San Antonio Highway Kerrville, Texas 78028 [CERR couNTY couRTeousE 700 EAST MAIN STREET KERRVILIF, TEXAS 78028-5324 TEL. (210) 896-5338 FAX (210) 257-6716 Re: Inquiry regarding the legality of bids for rental equipment per hour Dear Mr. Johnston: I have looked for some time at all the material I have available and I am unable to find any law whatsoever which says that the practice of bidding for rental of certain types of heavy equipment is illegal. It appears that Road & Bridge is, in fact, soliciting bids for the equipment in question as it is known initially that the total for the year will exceed $10,000.00., which is entirely proper. This opinion is brief as I wanted to answer your inquiry before the end of the year. It should in no way be read to require that this course of action be followed by the Court, but simply as an opinion that the practice that you and Mr. Odom described to me and what I heard in the Commissioners' Court minutes of November 12, 1991 was and is legal. As you know, the decision as to whether or not such will be done is a political one for the Commissioners' Court to make. I would like to apologize for the delay in rendering this opinion however, I did want to review the Commissioners' Court tape to see what, if any, advice our office had previously provided the Court and your office. Sincerely, David Mo ey Kerr County Attorney DM/s