NO. 13. PUBLIC IMPROVEMENTS*
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*Cross references: Streets and sidewalks and other public places, Ch. 30.
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A CHARTER ORDINANCE EXEMPTING THE CITY OF MANHATTAN, KANSAS, FROM THE PROVISIONS OF K. S. A. 13-1017 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE MAKING OF PUBLIC IMPROVEMENTS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
Section 1. The City of Manhattan, Kansas, is a city of the first class, and by the power vested in it by Article XII, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does hereby exempt, itself from, and makes inapplicable to it, the provisions of K. S. A. 13-1017, which applies to this City, but not uniformly to all cities of the State of Kansas.
Section 2. Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement in any street, highway or public grounds, or of any public building or facility, or any other kind of public improvement, shall be commenced or ordered by the governing body, or under its authority, a detailed estimate of the costs of such improvements shall be made under oath by the City Engineer (or some other competent person, appointed for such purpose by the governing body) and said estimate shall be submitted to the governing body for its action thereon; in all cases where the estimated cost of the contemplated building, facility or other public improvements enumerated above amounts to more than Ten Thousand Dollars ($10,000.00), sealed proposals for the building or construction thereof shall be invited by advertisement published by the City Clerk in the official city newspaper for at least three consecutive days, and the governing body shall let all such work by contract to the lowest responsible bidder, if there be any such whose bid does not exceed the estimate.
Section 3. If no responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the City shall then have authority to enter into negotiations with the lowest bidder and to enter into a contract with such lowest bidder upon reaching mutually agreeable conditions for both the City and such lowest bidder. In addition, if no responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, the governing body shall have the power to make said improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus, materials, employ the necessary labor, construct the necessary plants for the purpose of carrying into effect the provisions of this ordinance. In no case shall the City be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.
Section 4. Before any type of public improvements shall be commenced under this ordinance, 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.
Section 5. This ordinance shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any street or facility; and "public improvement", as used herein, shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility or the making of any expenditures from the City Budget for such purposes.
Section 6. This ordinance shall not be construed to include any improvements which are constructed on or to real estate owned by the City of Manhattan and leased to a tenant industry under the authority of K.S.A. 12-1740 to 12-1749, as amended, and the tenant industry shall be responsible for contracting for such improvements; provided, however, that all the provisions of the lease industry shall be applicable as to such improvements and all City codes shall also be applicable.
Section 7. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Section 8. This is a charter ordinance and shall take effect sixty-one (61) days after its final publication, unless a sufficient petition for a referendum is filed and a referendum hold on the ordinance, as provided in Article XII, Section 5, Subdivision (c) (3), of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF, this 15th day of April, 1980.