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:
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"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
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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
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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
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