ORD 1432 01/09/2024ORDINANCE NU
AN ORDINANCE REPEALING AND REPLACING ORDINANCE 1256,
PURCHASING POLICY AND PROCEDURES OF THE CITY OF CIBOLO,
GUADALUPE COUNTY, TEXAS; PROVIDING FOR INCORPORATION;
PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF
CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SAVINGS; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Article VII, Financial Procedures, of the City Charter, provides for establishing an
ordinance authorizing the City Manager to contract for expenditures without further approval of
City Council for all budgeted items not exceeding limits set within the ordinance;
WHEREAS, the City Council, approved Ordinance 1256 on February 26, 2019, establishing the
purchasing policy and procedures of the City of Cibolo ("City");
WHEREAS, all power and authority rests with the City Council to establish policy;
WHEREAS, the City Manager's role is to establish procedures consistent with City Council
policy;
WHEREAS, it is necessary, at this time, to distinguish policy from procedure and the City Council
desires to update the procurement policy for the City and delegate to the City Manager the
establishment of procedures consistent with said policy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and incorporated herein and made part
hereof for all purposes.
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SECTION 2.
ADOPTION
That the Procurement Policy of the City of Cibolo attached as Exhibit "A" is hereby adopted.
SECTION 3.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where
the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in
which event the more restrictive provision shall apply.
SECTION 4.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that the
phrases, clauses, sentences, paragraphs, and sections in this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdictions, such
unconstitutionality shall not affect any remaining phrases, clauses, sentences, paragraphs, or
sections of this Ordinance, since the same would been enacted by the City Council without
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 5.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any violations of the
provisions of any Ordinances affecting the procurement of goods and services, which have accrued
at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same
shall be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
EFFECTIVE DATE
That this Ordinance shall be effective immediately upon the passage and approval of the City
Council of the City of Cibolo, Texas, and it is so ordained.
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7362111 #293324.1
PASSED AND APPROVED on this 9' day of January, 2024.
ATTEST:
PEGGY CEMCS, City Secretary
7362/11 #293324.1
MARK ALLEN, Mayor