Loading...
1998M31- COMPETITIVE BIDSORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, CHAPTER 2, ADMINISTRATION, ARTICLE 1, IN GENERAL, SECTION 2 -8, COMPETITIVE BIDS FOR PURCHASES AND SALES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -8 of the Code of Ordinances of the City of Schertz (the "Code of Ordinances ") provides that, except in certain circumstances, all purchases in excess of Five Thousand Dollars ($5,000) shall be subject to public bidding requirements as more fully described in such Section; and WHEREAS, Section 7.08 of the City Charter provides that the City Manager shall be responsible for the preparation of purchase procedures which he shall submit to the City Council for approval; and WHEREAS, Texas Local Government Code Section 252.021, as amended ( "Section 252.021 "), sets forth the circumstances under which municipalities are required to comply with procedures for competitive sealed bidding or competitive sealed proposals and purchases which are exempt from competitive bidding requirements; and WHEREAS, pursuant to Section 7.08 of the City Charter, the City Manager has recommended that Section 2 -8 of the Code of Ordinances be amended to include the provisions of Section 252.021 or successor provisions of law in effect from time to time, and WHEREAS, it is in the best interests ofthe citizens ofthe City that the City Council authorize the matters set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. Amendment of Section 2 -8 of Code of Ordinances. Section 2 -8 of the Code of Ordinances is hereby amended to read as follows: 521182.1 "See. 2 -8. Competitive bids and competitive proposals for purchase and sales. (a) It shall be the general duty ofthe purchasing agent to give opportunity for competition on purchases and sales_ All purchases, except as described in Section 2 -8(b) or Section 2 -9, shall be made in accordance with Texas Local Government Code Section 252.021, as amended (or successor provisions of law in effect from time to time), from the lowest responsible bidder, after public notice and the receipt of sealed bids, unless the city council, by ordinance, determines that it is impossible or impracticable to purchase in such manner. All sales, except as described in Section 2 -9, shall be made to the highest responsible bidder after public notice and the receipt of sealed bids, unless the city council by ordinance, determines that it is -2- impossible or impracticable to sell in such manner. All sealed bids received shall be opened in public and thereafter shall be subject to public inspection. The purchasing agent may, at the direction of the city council, reject all bids and readvertise for new bids_ (b) The following are exempt from the competitive bidding requirement: (i) personal property which is exempt from competitive bidding under Texas Local Government Code Section 252.021, as amended (or successor provisions of law in effect from time to time) because the amount of purchase price does not require competitive bidding; (ii) personal property bought at an auction, at a going- out -of- business sale, or from another political subdivision., the state, or the federal government, (iii) property which is otherwise exempt from competitive bidding by other applicable state law; or (iv) a project subject to the competitive sealed proposal procedure set forth in Texas Local Government Code Section 252,021, as amended (or successor provisions of law in effect from time to time)." Section 2. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. Section 3. Inconsistent Provisions, All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions ofthis Ordinance shall be and remain controlling as to the matters ordained herein. Section 4. Governing Law, This Ordinance shall be construed and enforced in accordance with the Iaws of the State of Texas and the United States of America. Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder ofthis Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine, or neuter gender shall be considered to include the other genders. Section 7. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. Section S. Public Meeting. It is officially found, determined, and declared that the meetings at which this Ordinance is adopted were open to the public and public notice of the time, place, and subject matter ofthe public business to be considered at such meetings, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code- 5211 F2.1 -3- Section 9. Effective Date. This Ordinance shall be in force and effect from and after its final passage and shall be published and be effective as provided in the City Charter, and the franchise granted herein shall be effective as provided in the City Charter, and it is so ordained. PASSED AND APPROVED on first reading the 10,;Z day of 1998. Mayor Attest: City Secretary PASSED AND APPROVED on final reading the day of _ , , 1998. Mayor Attest: City Secretary 521182.1 -4-