Memorandum                          

City of Lawrence

City Attorney’s Office

 

TO:

City Commission

CC:

Thomas M. Markus, City Manager

Diane Stoddard and Casey Toomay, Assistant City Managers

Brandon McGuire, Assistant to the City Manager

 

FROM:

Toni R. Wheeler, City Attorney

DATE:

November 28, 2017

RE:

Charter Ordinance No. 45

 

The proposed Charter Ordinance No. 45 exempts the City of Lawrence from K.S.A. 13-1017, provides substitute provisions, and repeals Charter Ordinance No. 19.  This memorandum will briefly discuss K.S.A. 13-1017, will summarize the significant changes in Charter Ordinance No. 45, and will discuss the special procedures that are required to pass a charter ordinance. 

 

K.S.A. 13-1017

K.S.A. 13-1017, enacted in 1903, requires, in cities of the first class, that public improvements costing in excess of $2000 must have an engineer’s estimate submitted to the Governing Body, and sealed bids for the work.  A number of cities of the first class, including the City of Lawrence, have passed charter ordinances modifying the provisions of the K.S.A. 13-1017.

 

Charter Ordinance No. 45

Proposed Charter Ordinance No. 45 retains the requirement for sealed bids for public improvements costing in excess of $50,000,[1] (using the traditional design-bid-build delivery method), unless the Governing Body elects to have the construction or reconstruction done by an alternative construction delivery method, as provided for in New Section 3 of the proposed ordinance.  Under New Section 3, upon the Governing Body’s finding that an alternative project delivery method is in the public interest, the Governing Body may authorize the use of an alternative construction delivery method such as the design-build method. The proposed ordinance also authorizes the City Manager to develop procedures for selecting the delivery method as well as the alternative project delivery process.

 

Procedure for Enactment of a Charter Ordinance

A charter ordinance may be used when the state law does not apply uniformly to all cities and the Legislature has not preempted the field.  A charter ordinance may exempt a city from any part or the whole of the non-uniform state enactment.  The effect of the exemption is to repeal the state law as it applies to a city using the charter ordinance.   

 

Because the Governing Body is, in effect, substituting its judgment for that of the state legislature, a special procedure is required for passage of the ordinance.  First, the ordinance itself must be entitled as a “charter ordinance” and it must specifically identify the statute or portion of the statute that is made inapplicable.  Second, passage requires a vote of 2/3 of the Governing Body (four City Commissioners).  It must be published in the city newspaper once each week for two consecutive weeks.  Finally, it is not effective until 60 days after its final publication.  This waiting period allows time for the public to petition for a referendum on the matter.  If a valid petition is not filed during this period, the charter ordinance becomes effective on the 61st day after the second publication.[2]  The City Clerk must send a certified copy of the charter ordinance to the Kansas Secretary of State’s office.   

 

 

 

 

 


[1] In September 2016, the City Commission passed Ordinance No. 9287, establishing that sealed bids are required when the estimated cost of a contemplated public improvement is more than $50,000. 

[2] A valid petition will require the signatures of ten percent (10%) of the number of electors who voted in the last regular city election.