CHARTER ORDINANCE NO. 38
A CHARTER ORDINANCE REPEALING
CHARTER ORDINANCE NO. 19 OF THE CITY OF LAWRENCE, KANSAS, RELATING TO CITY
PURCHASING PRACTICES FOR CERTAIN CITY IMPROVEMENTS; AND EXEMPTING THE CITY OF
LAWRENCE, KANSAS, FROM SECTION 13-1017 OF THE KANSAS STATUTES ANNOTATED AND
PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.
Section 1. The City of Lawrence, Kansas, a
Commission-Manager City of the first class, by the power invested in it by
Article 12, Section 5, of the constitution of the State of Kansas, hereby
elects to and exempts itself from and makes inapplicable to it Section 13-1017
of the Kansas Statutes Annotated, said section applying only to cities of the
first class, and provides substitute and additional provisions as hereinafter indicated.
Section 2. Estimate of Cost of Improvements;
Contracts; Bids; Bond Issue; When.
Before the City of Lawrence
undertakes the construction or reconstruction of any public improvement,
including but not limited to, sidewalks, curbs, gutters, sewers, bridges,
pavements, streets, highways, public grounds, public buildings and public
facilities, a detailed estimate of the cost of the improvements shall be made
under oath by the city engineer, any department director or some other
competent person, appointed for such purposes by the City Manager.
In all cases where the
estimated cost of the contemplated public improvement amounts to more than $15,000.00,
sealed proposals for the public improvement, shall be invited by advertisement,
as required by law, and the Governing Body may let all such work by contract to
the lowest and best responsible bidder.
Notwithstanding the foregoing, the Governing Body reserves the right to
refuse all or any part of any bid when it is felt that such action is in the
best interest of the City.
If no qualified responsible
person shall propose to enter into the contract at a price not exceeding the
estimated cost, all bids may be rejected and the same proceedings as before
repeated. In the alternative, if all
bids exceed the estimated cost, the Governing Body may accept the bid and let
the work by contract to the lowest and best responsible bidder; but if that
cost is greater than seven percent over the estimated cost, the department
director of the department letting the bids or his/her designee shall give a
full explanation to the Governing Body of the reason for the discrepancy. In no case shall the City be liable for
anything beyond the original contract price for doing the work or making the
improvement.
Before any type of public
improvement shall be commenced, the money to pay for the same must be available
in the City treasury as provided by law; or provision may be made for the
issuance of internal improvement bonds to pay for any such improvement as
provided by law.
The bidding process herein
set forth in this Charter Ordinance may be waived by an affirmative vote of a
majority of the Governing Body, if the best interest of the City would be so
served.
This section shall not
apply to:
a.
any repair or maintenance work not amounting to substantial
alteration, addition or change in any public improvement.
b.
the construction, reconstruction, repair or maintenance of
any public improvement by employees of the City.
c.
improvements financed by economic development bonds issued
pursuant to K.S.A. 12-1740, et seq.
Section 3. That any future
modification to the $15,000.00 cost provision stated in Section 2 of this
Charter Ordinance can be made by simple ordinance.
Section 4.
That Charter Ordinance No. 19 of the City of Lawrence, Kansas, shall be
repealed and of no further force and effect upon the effective date of this
Charter Ordinance.
Section 5. This Charter Ordinance
shall be published once each week for two consecutive weeks in the Official
City Newspaper.
Section 6. This is a Charter Ordinance
and shall take effect sixty-one (61) days after final publication unless a
sufficient petition for a referendum is filed and a referendum held on the
Ordinance as provided in Article 12, Section 5, Subdivision (c), (3) of the Constitution of Kansas, in which
case the Ordinance shall become effective if approved by a majority of the
electors voting thereon.
Adopted
by the governing body of the City of Lawrence, Kansas, not less than two-thirds
of the members-elect voting in favor thereof, the ______ day of __________, 2006.
__________________________________
Mike
Amyx, Mayor
ATTEST:
_______________________________
Frank
S. Reeb, City Clerk