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)
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