Section 99.02.158 Charter Ord. 158 - Exempt from Bid Requirements
CHARTER ORDINANCE NO. 158
A CHARTER ORDINANC E AMENDING AND REPEALING SECTION 4 OF CHARTER ORDINANCE NO.
111 OF THE CITY OF
BE IT ORDAINED BY THE GOVERNING BODY OF THE C ITY OF
SECTION 1. Section 4 of Charter Ordinance No. 111 is amended to read as
follows:
"Exemptions from Bid Requirements. None of the provisions of
Charter Ordinance No. 111, as amend ed by Charter Ordinance No. 157 and as
those provisions may, from time to time, be amended shall apply under the
following circumstances:
( a) to improvements which are constructed on or to real estate owned by the
City of Wichita and lease d to a tenant industry under the authority of K.S.A.
12-1740, et seq., as amended. In such cases, the tenant industry shall contract
for such improvements, provided, that all the provisions of the Lea se
Agreement between the City of Wichita and such tenant industry and all City
Codes shall be applicable to the construction of such improvements; provided,
further that performance and labor and material payment bonds in amounts not
less than the contract price, naming the City of Wichita as an additional obligee and with sureties to be approved by the City of
Wichita, shall be filed with the City Clerk before the commencement of any such
construction work; and provided, further that no funds derived from tax levies
shall be employed in such construction.
(b) to public improvements which are to be constructed on or to real estate
owned, in whole or in part, by the City of Wichita and which public
improvements are to be constructed by a developer pursuant to a development
agreement between the City of Wichita and such developer, provided, that such
developer has been chosen to develop such public improvements in accordance
with all requirements of law and the procedures and policies of the City of
Wichita; provided, further that all the provisions of such development agreement
between the City of Wichita and the developer and all City Codes shall be
applicable to the construction of such public improvements; provided, further
that performance and labor and material payment bonds in amounts not less than
the contract price, naming the City of Wichita as an additional obligee and with sureties approved by the City of Wichita,
shall be filed with the City Clerk before the commencement of any such
construction work; and provided, further that the provisions of this subsection
may only be utilized if the governing body has, prior to the commencement of
the construction of such public improvements, conducted a public hearing to
consider whether to implement the provisions of this subsection and adopted an
ordinance approving the said construction under the pro visions of this Charter
Ordinance which ordinance shall be approved by at least 2/3 of the members o f
the governing body.
SECTION 2. Section 4 of Charter Ordinance No. 111 is hereby repealed.
SECTION 3. This Charter Ordinance shall be published once each w eek for two
consecutive weeks in the official City paper.
SECTION 4. This is a Charter Ordinance which shall take effect sixty-one (61)
days after final publication, unless a sufficient petition for a referendum is
filed requiring a referendum be held on the ordinance as provided in Article
12, Section 5, Subsection (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 28th day of February, 1995.
ELMA BROADFOOT
Mayor
ATTEST:
P
Approved as to Form:
GARY E. REBENSTORF
Director of Law