Chapter 22 PUBLIC WORKS AND IMPROVEMENTS*
Section 22-71 Standard public improvement process.
(a) Interested parties meeting. Except
as otherwise provided in this code, formal
proceedings for public improvements shall begin by appropriate city staff holding at least one
meeting with interested parties to explain the basic concept of the proposed project and receive
comments and suggestions. City staff shall make reasonable efforts to notify those most likely
to
be interested in or affected by the project, of the time and place of the interested parties meeting.
Staff, when feasible shall attempt to personally contact by telephone or in person, the owners of
property abutting the proposed public improvement to advise the property owners of the nature
of the proposed improvement and the time and place of the interested parties meeting.
(b) Resolution of necessity. Following
the interested parties meeting, the city council, if it
determines to proceed with the project, shall adopt a resolution declaring the necessity of the
improvement. The resolution shall describe the improvement, state the estimated cost of the
improvement, state the method of payment for the improvement, and set a public hearing on the
improvement. Notice of the public hearing shall be published at least once in a newspaper of
general circulation in the city. Notice shall be published at least seven days before the hearing.
Staff, when feasible shall attempt to personally contact by telephone or in person, the owners of
property abutting the proposed public improvement to advise the property owners of the time and
place of the public hearing.
(c) Public hearing. At the public
hearing on a public improvement project, all interested
persons shall be given an opportunity to be heard. After the hearing, the council shall determine
whether it is in the public interest to make the public improvement or any part of the
improvement. If the council determines that the public improvement or any part of it should be
made, the council, by motion, shall direct the city manager to proceed with having plans and
specifications prepared. If plans and specifications have already been prepared and made
available at an interested parties meeting, the council may determine to proceed with the project
as set forth in subsection (e) of this section. If any part of the project cost is to be paid
for by
special assessments, the city clerk shall record a notice with the Boone County Recorder of
Deeds. This notice shall contain the following information:
(1) Brief description of the
improvement;
(2) Legal descriptions of the
properties which may be specially assessed;
(3) Names of the property owners;
(4) Estimated amount of the
special assessment; and
(5) Statement that when assessed,
the special assessment shall be on file with the director of
finance of the City of Columbia.
(d) Acquisition of property. If
the public improvement project requires the acquisition of
any interest in real property, an ordinance authorizing such acquisition by negotiation or by the
exercise of the power of eminent domain shall normally be passed following the city councils
determination to proceed with the project.
(e) Bid call ordinance. If the
city council determines to proceed with the project, it shall, by
ordinance, approve plans and specifications for the improvement and authorize the project to be
constructed. The ordinance shall authorize the project to be constructed using city employees,
or
authorize the purchasing agent to call for bids and execute a contract for the improvement, or
authorize part of the project to be constructed by city employees and part to be bid by the
purchasing agent. The ordinance shall specify how the improvement shall be paid for. If
any
portion of the project is to be paid for by special assessments, the ordinance authorizing making
the public improvement shall specify the portion of the project to be paid for by special
assessments and identify the property to be assessed.
(f) Bidding. The purchasing
agent shall advertise for bids in the same manner as bids for
supplies, material, equipment or services are advertised under chapter 2 of this code. The
advertisement shall advise bidders that the city reserves the rights to reject any and all bids. All
bids shall be accompanied by a certified check or bid bond with corporate surety, satisfactory to
the purchasing agent, for five percent (5%) of the amount of the bid. Bids submitted without
such check or bid bond shall not be considered.
(g) Contract. The purchasing
agent may reject any or all bids or may award the contract to
the bidder that is, in the judgment of the purchasing agent, the lowest and best bidder.
(h) Bonds. The contractor on
a public improvement project costing more than twenty-five
thousand dollars ($25,000.00) shall give to the city performance and payment bonds, with
corporate surety, satisfactory to the purchasing agent, each in an amount not less than the
contract price.
(i) Acceptance of improvement. When
the improvement has been completed, the city
official charged with responsibility for the improvement shall report to the city manager whether
the work has been completed according to the contract, plans and specifications. Upon
determining that the improvement has been properly completed, the city manager shall accept
and approve the work.
(Code 1964, § 14-360; Ord. No. 19841, § 1, 3-17-08;
Ord. No. 20880, § 2, 2-21-11
)
Charter reference(s)--Similar provisions, §§ 73, 77.
(Ord. 20880, Amended, 02/21/2011, Prior Text; Ord. 19841, Amended, 03/17/2008, Prior Text)