§ 2-20-5. Contracts in excess of $25,000.00; council approval required.

A.

1.

Notwithstanding section 2-20-3 to the contrary, all contracts (other than emergency purchases and purchases of natural gas and other derivative instruments) entailing an obligation or expenditure, including fees or other compensation of any engineers, auditors, attorneys, consultants and others employed to render extraordinary services to MLG&W, in excess of $50,000.00 shall require council approval in advance of execution. Furthermore, all interlocal agreements or contracts between MLG&W and any municipality or division of government (other than the City of Memphis and its divisions) that involve the collection of any municipal, county, or other government fee, tax, or other charge not directly related to utility service (such as electricity, gas, or water utility service) shall require council approval in advance of execution. In emergencies MLG&W may enter into emergency purchases, as defined herein, which emergency purchases shall be later ratified by the council. MLG&W may also purchase natural gas and other derivative instruments as long as the aggregate annual amount of these purchases are approved by the council in the annual budget of MLG&W.

2.

For the purposes of this section the term "emergency purchases" shall include, but shall not necessarily be limited to, any purchase orders and contracts in excess of $25,000.00 needed to: (i) remedy any hazardous, unsafe or environmentally harmful event or condition that has created or may create a harmful situation for the public or MLG&W employees, whether or not ordered, directed or requested by a federal or state agency; (ii) ensure continuous and reliable utility service to MLG&W customers; or (iii) take whatever steps are reasonably necessary to address problems caused by a catastrophic event.

B.

Notwithstanding section 2-20-3 to the contrary, any salaries or other compensation of any officers, executive management employees or other employees for MLG&W in excess of $90,000.00 shall require council approval in advance of employment.

(Ord. No. 5046, §§ 1, 2, 4-27-2004; Ord. No. 5256, § 1, 4-24-2008; Ord. No. 5574, 1-6-2015)