CHARTER ORDINANCE NO. 19
A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 3 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 undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement of any street, highway, public grounds, or public building or facility, or any other kind of public improvement in the City of Lawrence is commenced or ordered by the Governing Body, or under its authority, a detailed estimate of the cost of the improvements shall be made under oath by the City Engineer (or some other competent person, appointed for such purposes by the Governing Body). Such 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 improvement amounts to more than $4,000.00, sealed proposals for the improvement, unless waived by the Governing Body, shall be invited by advertisement, published by the City Clerk once in the official City paper. The Governing Body shall let all such work by contract to the lowest responsible bidder who submits a responsive bid, if there is any whose bid does not exceed the estimate.
If no responsible person proposes to enter into the contract at a price not exceeding the estimated costs, all bids shall be rejected and the same proceedings as before repeated, unless waived by the Governing Body, until some responsible person by sealed proposal offers to contract for the work at a price not exceeding the estimated cost. If no responsible bid is received within the estimate, the Governing Body shall have power to make the improvement within the estimated costs thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus, and materials; employ the necessary labor; and construct the necessary plant or plants for the purpose of carrying into effect the provisions of this Charter 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.
Before any type of public improvements is 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. This Section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. "Public improvement" as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in the City by employees of the City or the making of any expenditures from the City budget for such purposes.
Section 3. That any future modification to the $4,000.00 cost provision stated in Section 2 of this Charter Ordinance can be made by simple ordinance.
Section 4. That Charter Ordinance No. 3 of the City of Lawrence, Kansas, shall be repealed and of no further force and effect upon the effective date of this Charter Ordinance. (1-10-84)